Recognition of Foreign Judgments in Croatia
Recognition of Foreign Judgments in CroatiaUpdated on Monday 18th September 2017
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The Private International Law Act regulates the recognition and enforcement of foreign judgments in Croatia. Foreign judgments include court settlements, are considered equal to Croatian judgments and have legal effect only if a Croatian court recognizes them. A court on whose territory recognition and enforcement are implemented has the right to recognize foreign judgments in Croatia. Our lawyers in Croatia can give you extensive details on the legal matters related to foreign judgments and their recognition.
Conditions for the recognition of a foreign judgment in Croatia
According to the Civil Law in Croatia, any court with territorial jurisdiction can receive an application for recognition and enforcement of a foreign judgment. There are several conditions to be met in order for a foreign judgment to be recognized in Croatia. These are the following:
• An examination of the legal basis for recognition of the foreign judgment – this is done by the territorial court in Croatia. It is highly advisable to turn to the professional services of a Croatian law firm if you need assistance in recognizing a foreign judgment;
• The submission of a certificate issued by the competent foreign court on the enforceability of the foreign judgment under the law of the country in which the judgment was given;
• A timely notification of the party against whom the judgment was delivered; this notification must be done in accordance with the law of the country on whose territory the judgment was held;
• A foreign judgment is enforceable – this means that it was not challenged under the national legislation of the country where the proceedings were held.
Our attorneys in Croatia can provide you with legal guidance in all corporate and commercial matters related to the recognition and enforcement of foreign judgments.
Refusal of recognition of foreign judgments in Croatia
The Croatian legislation provides certain conditions when a court is able to refuse recognition of a foreign judgment. These conditions are:
• The person against whom enforcement is sought objects to recognition of foreign judgment – not being able to participate in the proceedings due to a procedural fault is solid ground for objection against recognition and enforcement of foreign judgment;
• A domestic court in Croatia or another legal body has exclusive jurisdiction over this matter;
• A Croatian court has already delivered a final and enforceable decision in the same matter;
• The foreign judgment is contrary to the Croatian constitution;
• The lack of reciprocity – another country refuses to enforce judgments delivered in Croatia.
Please feel free to contact our Croatian lawyers if you need extensive information about the conditions for recognitions of foreign judgments in this country.