•
- 3
-
and on the condition that the ground of jurisdiction on which the judgment
is founded is not otherwise admissible under the law of the State addressed.
(4) Where a convention referred to in paragraph 1 to which both the State of
origin and the State addressed are parties lays down conditions for the recognition or enforcement of judgments, those conditions shall apply. In any event, the provisions of this Convention which concern the procedures
for recognition and enforcement of judgments may be applied.
Article 28
Moreover, a judgment shall not be recognized if it conflicts with the provisions
of Sections 3, 4 or 5 of Title II, or in the cases provided for in
Article 57 (3) and Article 59.
In its examination of the grounds of jurisdiction referred to in the foregoing
paragraph, the court or authority applied to shall be bound by the findings
of fact on which the court of the State in which the judgment was given
based its jurisdiction.
Subject to the provisions of the first paragraph, the jurisdiction of the
court of the State in which the judgment was given may not be reviewed; the
test of public policy refereed to in point 1 of Article 27, may not be applied
to the rules relating to jurisdiction.
No. 36
ak
E
No comments yet.
Private notes are available after approval.