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Agreement A Exequatur

An exequatur is a legal instrument issued by the secular authorities of Roman Catholic nations to guarantee the legal strength of papal decrees within the jurisdiction of secular authority. This custom began during the Western Jsmas, when the legitimately elected pope allowed lay leaders to verify the authenticity of papal decrees before imposing them. Therefore, the party who renders a judgment in a country uses the exequatur procedure in France so that this foreign judgment can be recognized and executed on French territory. Historically, since the Munzer case (Z. 1. January 1964, JCP 64.13590), five conditions were necessary to give the exequatur a foreign judgment: the jurisdiction of the foreign court that made the decision, the regularity of the proceedings before that court, the application of the correct law under the conflict rules of French laws, compliance with international public order and the absence of fraud. Exequatur is not used in international legal relations between socialist countries. If necessary, decisions are taken by foreign courts on the basis of mutual legal aid contracts. In France, the conditions for exequatur of a judicial decision, such as a judgment or judgment, depend on the country in which that decision was made. In this case, the three preconditions for the exequatur of a foreign judgment are set today. The rule is regularly upheld, most recently in the cases of the Gazprombank/Jean Lion Court of Cassation on 30 January 2013 and the Baltiyskiy Bank/Stroémontage Court of Appeal on 18 February 2014.

An exequatur is a patent that a head of state issues to a foreign consul who guarantees the rights and privileges of the consul and ensures recognition in the state where the consul is responsible for exercising those powers. If a consul is not appointed by the Commission, the consul does not receive an exequatur; the government will generally provide other means of recognition for the consul. The exequatur may be removed, but in practice, if a consul is repugnant, his government has the opportunity to recall it. [1] Representation by a French lawyer is mandatory, as is any proceedings before the high court.