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Periodical article | Leiden University catalogue | WorldCat |
Title: | Roma non locuta est: the recognition and enforcement of foreign judgments in South Africa |
Author: | Leon, P.S.G. |
Year: | 1983 |
Periodical: | The Comparative and International Law Journal of Southern Africa |
Volume: | 16 |
Issue: | 3 |
Pages: | 325-349 |
Language: | English |
Geographic term: | South Africa |
Subjects: | international law private law |
Abstract: | It would seem that there are four criteria for the recognition and enforcement of a foreign judgment in South Africa: 1) a foreign court had international competence to decide the case; 2) the judgment was final and conclusive; 3) recognition and enforcement of a judgment would not be contrary to the public policy of the lex fori; 4) the Minister of Industries, Commerce and Tuorism has given his consent in terms of the Protection of Business Act 1978. Of these four criteria, the first is the most crucial. It is there that one sees the curial development of the common law and the infiltration of unsound doctrine. It is therefore proposed to devote some attention to examining these rules. Sections: Introduction - The rules of international competence - Finality - Public policy - Protection of Businesses Act 1978 - Conclusion. Notes. |