It is possible the court exequàtur a transaction not approved
Section: Juris. Litigation , Jurisprudence
"I. - It appears from the provisions of Article 19 of the Act Qualified Justice, 47 and 49 of the Transitional Law of Judicial Procedure, the procedure exequàtur confined to foreign civil judgments. This means that the resolution calling for the execution of the Principality shall be issued or approved by a foreign court.
II. - If Aunt, this is not a decision of a foreign jurisdiction, but a compromise agreement, which was not recognized by any foreign court. Indeed, it appears from the evidence contained in Aute, which by resolution dated 10-09-03, the Commercial Court of Paris condemned the Society P. SA to repay society SF, the amount of € 771,500, plus interest at 1.5% per month of the date 30-07-01 and the sum of € 6,000. Read the rest of this article »
The General Council approved a motion to take action against large number of death row sentences
Section: News
The General Council unanimously approved yesterday afternoon, the findings in the discussion of general policy guidance of the Government, a draft agreement to take steps in processing the large number of death row sentences, for which entrusted the Government to equip the administration of justice in human and material means necessary.
The motion reads:
"Instruct the government to analyze the problems concerning the enforcement of judgments in civil matters, and enforcement of judgments and administrative decisions-essentially-pecuniary aspects, and solve for the appropriate human and material term at best. " Read the rest of the article »
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Implementation of a judgment with condenma alternative, the creditor powers
Section: Juris. procedural
"II. - The credibility and proper functioning of justice requires that judicial decisions are implemented, and executed without undue or excessive dilation. In case of alternative sentencing, sentenced to be certain it is up to choose one or the other obligations set by her. However, if after a reasonable period, the debtor has chosen to run a particular modality of the sentence between the alternatives that are proposed, has not fulfilled this obligation, Read the rest of this article »
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Incident implementation: nature and scope
Section: Juris. administrative
"First. - As stated in the Sala paths Aunt of 11 December 1996, subject to the execution of the incident which regulates article 110 of Law of the administrative and fiscal jurisdiction is none other than examine the regularity of the procedure followed for the execution of decisions and administrative acts, as well as the appropriateness of actions taken, depending on the content of the resolution is run.
However, they remain outside the scope of this incident all the issues that concern the legality of the administrative decision that runs on a compulsory part of the Magistracy, which are reserved to the ordinary processes that may be filed against the said act of the Directors that notwithstanding what the Magistracy to examine compliance with the formalities of the external act, which is the presumption of legality of administrative action.
Otherwise, there would be an improper duplication of procedures with the same object, since the incident would run to reproduce the questions on the legality of the administrative act, should be considered in the appeal before and then demand to the Magistracy. "
Aunt of the administrative hall of the High Court dated 11/9/07, speaker A. Andres, number 22-2007.
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