This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 Excerpt: ...German judgments in foreign countries and vice versa, pointed out how unsatisfactory the existing legal situation was with respect to the compulsory execution of foreign judgments.1 It is clear that the judicial power of compulsion does not extend in principle beyond the territorial limits of a country, and the ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 Excerpt: ...German judgments in foreign countries and vice versa, pointed out how unsatisfactory the existing legal situation was with respect to the compulsory execution of foreign judgments.1 It is clear that the judicial power of compulsion does not extend in principle beyond the territorial limits of a country, and the execution of foreign judgments originally took place in every instance merely 1 See in connexion with the following remarks the doctor's dissertation composed at Marburg, under my direction, by Hans Diehl: 'The compulsory execution of foreign judgments; a problem of international law.' as a matter of comity. Gradually the legal principle of the execution of foreign judgments found its way into almost all countries, and has accordingly become, in almost all cases, a recognized part of substantive law. Perhaps it may be asserted that, as a result of corresponding legislation in the different states, a legal principle of international law has been established according to which the states have mutually a right that the judgments passed in their territory shall as a rule be executed in foreign countries also. And if it is desired to continue to base the execution of foreign judgments only upon the comitas gentium, at least we must attribute to this concept the sense which Stoerk has associated with it in his recent book.1 According to this theory an important characteristic of comity is its transitional nature, the fact that a voluntary principle develops into a compulsory one, that what was at first done as a favour by the state becomes an international custom; and this custom is not a vague and indeterminate thing, rather it has an objective character after the analogy of the commercial customs of civil law. Moreover, its observance is not optional on ...
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