A Digest of the Law of England With Reference to the Conflict of Laws
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414, 429, opinion of Blackburn, J.
396 JUEISDICTION OF FOREIGN COUETS.
If, on the other hand, the judgment is in France a mere nullity, and A, in whose favour it is given, acquires under it no rights in France, then it should be treated as invalid in England, for A has acquired no right under French or any other law which he is entitled to enforce in England.' To this it may be added that a judgment in fact pronounced by a foreign Court of competent jurisdiction is far more likely to be irregul...ar than void. The practical result, therefore, follows that a judgment pronounced by a foreign Com-t of competent juris- diction is generally valid in England, even though hot pronounced by a proper Court.
Illustrations.
1. A obtains judgment in a French Court against X, a British subject, for 100/. The debt has been contracted, if at all, in England. X has never been in France, and there is no circum- stance in the case giving the French Court, in the opinion of English judges, a right to pronounce judgment against X {i.e., the French tribunal is not a Court of competent jurisdiction).^ The judgment is invalid.^ 2.
What to read after A Digest of the Law of England With Reference to the Conflict of Laws?
You can find similar books in the "Read Also" column, or choose other free books by Dicey, Albert Venn, 1835-1922 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
414, 429, opinion of Blackburn, J.
396 JUEISDICTION OF FOREIGN COUETS.
If, on the other hand, the judgment is in France a mere nullity, and A, in whose favour it is given, acquires under it no rights in France, then it should be treated as invalid in England, for A has acquired no right under French or any other law which he is entitled to enforce in England.' To this it may be added that a judgment in fact pronounced by a foreign Court of competent jurisdiction is far more likely to be irregul...ar than void. The practical result, therefore, follows that a judgment pronounced by a foreign Com-t of competent juris- diction is generally valid in England, even though hot pronounced by a proper Court.
Illustrations.
1. A obtains judgment in a French Court against X, a British subject, for 100/. The debt has been contracted, if at all, in England. X has never been in France, and there is no circum- stance in the case giving the French Court, in the opinion of English judges, a right to pronounce judgment against X {i.e., the French tribunal is not a Court of competent jurisdiction).^ The judgment is invalid.^ 2.
What to read after A Digest of the Law of England With Reference to the Conflict of Laws?
You can find similar books in the "Read Also" column, or choose other free books by Dicey, Albert Venn, 1835-1922 to read onlineMoreLess
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