Go to content
FOREIGN COURT DECISIONS AND FOREIGN JUDGMENTS
It often happens that in various situations in life certain relations are regulated by the courts outside of Bosnia and Herzegovina, as for example in personal matters, such as divorce of marriage by a foreign court or in financial matters, such as a foreign court decision on a debt payment. Due to the effects they produce, the foreign court decisions must in certain circumstances be applied on the territory of Bosnia and Herzegovina too. This procedure is called recognition of foreign court decisions.
In simple language, this procedure is about acceptance and equalisation of foreign court decisions as if they had been passed by a competent court in Bosnia and Herzegovina.
WHY IS RECOGNITION OF FOREIGN COURT DECISIONS NECESSARY?
As previously mentioned, some legal relations may be regulated by a foreign court, but producing effects on the territory of Bosnia and Herzegovina.
Lack of the institute of recognition of foreign court decisions would cause a huge legal insecurity, i.e. if the local courts were not recognising the foreign court decisions, the proceeding that has already been finished in one country would have to be repeated at the domestic court, implying infinite court proceedings in different countries and huge costs.
A PRACTICAL EXAMPLE
The purpose of recognition of foreign court decisions is illustrated on an example below:
The Court in Frankfurt, Germany, passed a final enforceable judgment ordering the party M.H. to pay damage compensation to the BAM AUTOMOBILE Frankfurt GmbH company in amount of EUR 30,000.00.
M.H., who has no property in Germany, has moved to Bosnia and Herzegovina in the meantime, where he has a registered residence. Considering that M.H. has no property in Germany and obviously has no intention to pay the amount as ordered by the German court, the last resort of the creditor, the BAM Automobile Frankfurt GmbH company, is to initiate a procedure of recognition of the judgment passed by a foreign court (German, in this case) in Bosnia and Herzegovina.
The creditor obtained the information that the debtor M.H. has personal property on the territory of BiH that might be subject of enforcement (forceful collection of claims) after the subject foreign court decision is recognised by the competent BiH court.
The example above clearly illustrates the main purpose of the institute of recognition of foreign court decisions, and that is – protection of ownership rights, personal rights and other rights of the parties, i.e. enabling the party to realise in one country the right obtained as per a final decision passed by the court in a different country.
INITIATION OF THE PROCEDURE OF RECOGNITION OF FOREIGN COURT DECISIONS AND DECISION-MAKING COMPETENCE
The procedure of recognition of foreign court decisions is governed by the Law on Non-Contentious Procedure, whereby the Law on Resolution of Conflict of Laws with Regulations of Other Countries is applied as well.
Considering the specifics of this procedure, propositions for initiating a procedure of recognition of foreign court decisions are filed by attorneys on the basis of a power of attorney issued by international clients in their name.
DOCUMENTS REQUIRED IN THE PROCEDURE OF RECOGNITION OF FOREIGN COURT DECISIONS
The application or proposition for initiating a procedure of recognition of foreign court decision must be supported by the grounds of proposition, and the original of the foreign court decision (or a certified copy) must be enclosed thereto, with confirmation of res judicata.
Furthermore, translation of the decision by a sworn court interpreter in BiH must be enclosed too. If the proposition is filed by an attorney, the power of attorney (authorisation to represent the client) is to be enclosed.
⇨ Do you have any questions about recognition of foreign court decisions and other decisions?
⇨ Please feel free to contact us for any legal aid.
Yes, it does. A procedure of recognition has to be initiated in order for any case or situation regulated by a foreign court or a foreign institution to be applicable on the territory of Bosnia and Herzegovina. Such a foreign decision has legal effect on the territory of Bosnia and Herzegovina only when recognised by a decision of a competent court in Bosnia and Herzegovina.
You do not have to be present in Bosnia and Herzegovina to initiate a procedure of recognition of a foreign court decision, but you have to provide our Office with a power of attorney, on which basis we may undertake all necessary actions on your behalf with the purpose of having the subject foreign court decision recognised in Bosnia and Herzegovina.
Applications or propositions for initiating a procedure of recognition of foreign court decision are filed to the competent court in accordance with local jurisdiction. As a rule, that is the court competent for the area in which the place of residence of the private individual, against who the proposition is filed, is registered or the head-office, if it is a legal person.
Legal practice area
Most used legal actions according this legal practice area
In Bosnia and Herzegovina and Croatia: Checking the legal status of real estate; Verification of real estate in land registers and cadastre; Finding the desired property; Contracts; Real estate registration; Investment studies /
Debt collection; Establishment of business entities; Creating the Rules of procedure; Drafting contracts and constitutional documents; Due diligence; Bankruptcy and liquidation proceedings; Managing labor relations /
Acquisition of BiH citizenship; Renouncement of BiH citizenship; Work permits for foreigners; Visa proceedings, Resolving issues of residence and residence permit /