The principle of reciprocity in Enforcement of foreign judgments Theoretical foundations and practical challenges
DOI:
https://doi.org/10.22399/ijcesen.3677Keywords:
Reciprocity, Foreign judgments, Recognition and enforcement, International agreements, Judicial sovereignty, Burden of proofAbstract
This study examines the condition of reciprocity as one of the basic conditions for the recognition and enforcement of foreign judgments in many legal systems, focusing on its theoretical aspects and practical applications. This condition is analyzed in terms of its basic principles and legal foundations in both jurisprudence and legislation, with an explanation of its types and limits, and a distinction between its various forms, whether legal, diplomatic, or factual. The study also analyzed the conditions for implementing and recognizing foreign judgments in accordance with Egyptian law, highlighting the role played by international agreements in regulating the implementation of these judgments, whether by facilitating recognition procedures or by establishing the principle of reciprocity under their provisions. The study also addresses the issues associated with proving reciprocity, the party bearing the burden of proof, and the possible means of providing evidence of this condition. It also addresses the jurisprudential debate over the body competent to assess it: is it the responsibility of the judiciary or the executive authority? It also reviews the legislative and judicial positions in some comparative systems, such as Egyptian, Saudi, and German law, with the aim of identifying the differences in opinions and practices. The study concludes that reciprocity, despite its importance in protecting the legal sovereignty of states, can often become an unjustified restriction on the enforcement of individual rights, especially in the absence of a precise legislative framework.
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