Victor de Lousanoff: Die Anerkennung drittstaatlicher Entscheidungen nach dem Spiegelbildprinzip, Kartoniert / Broschiert

Klappentext

The recognition of judgments from third countries is an area of international civil procedure law that, despite ongoing Europeanization, remains governed by autonomous German law. The decisive criterion for recognition is the mirror-image principle: the German judge in charge of recognition examines whether the third country court had jurisdiction under German law. To assess this so-called "recognition jurisdiction," the judge relies on German jurisdictional rules. These include the provisions of the Brussels Ia Regulation when the defendant is domiciled in a Member State. This gives rise to the question of whether and how the value judgments of the Brussels Ia Regulation should be taken into account within the mirror-image principle. This issue becomes unavoidable particularly in cases involving choice-of-court agreements in favor of third-country courts: the parties remove the dispute from the scope of the Brussels Ia Regulation by designating a third country court as competent. In doing so, they also indirectly determine whether recognition will later proceed under European or German law. Case law and legal scholarship have increasingly opened up to such considerations. Victor de Lousanoff analyzes the current opinions, consolidates previous proposals, and develops his own approach based on them. The result is a universally applicable formula that yields teleologically convincing and practicable outcomes both for choice-of-court agreements in favor of third country courts and for all other third country judgments.