Recognition and Enforcement of Foreign Foreign Divorce Judgments in China
( Pp. 143-149)
More about authors
Ren Yanyan
lecturer
Shanghai University of Political Science and Law
Shanghai, China Huang Peiqi LLM Candidate, International Law School
Shanghai University of Political Science and Law
Shanghai, China
Shanghai University of Political Science and Law
Shanghai, China Huang Peiqi LLM Candidate, International Law School
Shanghai University of Political Science and Law
Shanghai, China
Abstract:
Recognition and enforcement of foreign divorce judgments is an important part of the recognition and enforcement of foreign civil and commercial judgments. Based on the analysis of the classification of current judicial cases on the recognition and enforcement of foreign divorce judgments by Chinese courts, the study finds that the current Chinese courts maintain a high recognition rate of foreign divorce judgments and focus on the recognition of dissolution of marriage content. At the same time, China has clarified the treaty, legislative and judicial basis for recognizing and enforcing foreign divorce judgments, and established the application of the principle of reciprocity. This article will discuss the institutional development of the recognition of foreign divorce decrees by Chinese courts in the context of the entry into force of China’s Civil Code and the current judicial practice of recognition and enforcement of foreign divorce decrees in China and the current legal provisions.
How to Cite:
Ren Y.., Huang P.., (2022), RECOGNITION AND ENFORCEMENT OF FOREIGN FOREIGN DIVORCE JUDGMENTS IN CHINA. Sociopolitical Sciences, 6 => 143-149.
Reference list:
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Zhao Ning-ning. Practice of lawyers in foreign-related marriage and family cases. Law Press, 2015.
Chen Wei, He Haiyan. On the legislative concept and the new rules of the system of marriage and family in the civil code of China. Hebei Law Science. 2021. Vol. 39. No. 1. P. 15.
Zhang Zheng-yi, Zhang Zhen. The development of the inter-national civil and commercial judgment recognition and enforcement system and its implications for China.International and Comparative Law Series. 2020. P. 121.
Yuan Fa-qiang, Zhang Cheng-liu, Sun Jin-yi et al. Review report on Chinese judicial practice in foreign-related family matters (2011-2019).International and Comparative Law Series. 2020. Vol. 26. P. 132.
Xia Yin-lan. The innovation and development of marriage and family codification. Chinese Legal Science. 2020. Vol. 4. P. 66. DOI: 10.14111/j.cnki.zgfx.2020.04.004.
Zhang Xiu-mei, Mu Long-gang, Ye Ming-jing, Yu Xiao-xue. Trial Status and Analysis on Application for recognition of the validity of the divorce decision of the court of the Republic of Korea. People s Judicature. 2020. Vol. 25. P. 66. DOI: 10.19684/j.cnki.1002-4603.2020.25.014.
Jie (Jeanne) Huang. Reciprocal recognition and enforcement of foreign judgments in China: Promising developments, prospective challenges and proposed solutions. Nordic Journal of International Law. 2019. Vol. 88. P. 250. DOI: 10.1163/15718107-08802001.
Tian Hong-jun. The present and future of recognition and enforcement of civil and commercial judgments in Northeast Asia - on the perspective of 2019 Hague convention on the recognition and enforcement of foreign judgments in civil or commercial matters. Chinese Yearbook of Private and Comparative International Law. 2019. Vol. 24. P. 300.
Shen Hong-yu. Study on some difficult issues of recognition and enforcement of foreign civil and commercial judgments. Journal of Law Application. 2018. Vol. 05. P. 9.
Zhang Wen-liang. Recognition and enforcement of foreign non-monetary judgments in China. Frontiers of Law in China. 2018. Vol. 13. No. 2. P. 218. DOI: 10.3868/s050-007-018-0015-1.
Zhang Mei-hong. Legislative review and improvement path for the recognition and enforcement of divorce judgments in cross-strait marriage. Jiang-huai Tribune. 2017. Vol. 1. P. 104. DOI: 10.16064/j.cnki.cn34-1003/g0.2017.01.018.
Estin A.L. Marriage and divorce conflicts in international perspective. Duke Journal of Comparative and International Law. 2017. Vol. 27. No. 3. P. 485.
Wang Ji-wen. Reconstruction on the principle of reciprocity of china in recognition and enforcement of foreign judgments: For tools with the interests-balancing doctrine. The Jurist. 2012. Vol. 06. P. 154. DOI: 10.16094/j.cnki.1005-0221.2012.06.012.
Hu Jun-hui. On the res judicata and procedural safeguards of divorce judgment. The Jurist. 2014. Vol. 03. P. 74. DOI: 10.16094/j.cnki.1005-0221.2014.03.010.
Dickinson A., Peel E. A conflict of laws companion. Oxford University Press, 2021.
Liu Xiao-hong, Zhang Zheng-yi. Chinese private international law. Hart Publishing, 2021.
Zhao Ning-ning. Practice of lawyers in foreign-related marriage and family cases. Law Press, 2015.
Keywords:
Chinese courts, recognition and enforcement, foreign divorce judgments, Chinese Civil Code, private international law.
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