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The Law On Civil Law Matters Of Recognition And Enforcement Of Judgments In The Nordic Countries

Original Language Title: Laki yksityisoikeudellista vaatimusta koskevien pohjoismaisten tuomioiden tunnustamisesta ja täytäntöönpanosta

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Law on the recognition and enforcement of Nordic judgements in civil matters

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Scope of law
ARTICLE 1

This law concerns the recognition and enforcement of the judgment in the case of Iceland, Norway, Sweden or the Court of Justice in criminal proceedings or in criminal proceedings, as well as the judgment referred to in Article 7 (2) and (3) and Article 8, The implementation of the decision, reconciliation, promissory note, bill and check.

ARTICLE 2

Subject to Article 7 (3) or Article 8, this law shall not apply to:

(1) the judgment or settlement in case of succession, legal separation, divorce, annulment of marriage, adoption of marriage or termination of a financial relationship or termination of an order, or the annulment of such an order, or legal separation, divorce Or the judgment on the distribution of the spouses or the award of damages in connection with the cancellation of marriage;

(2) the judgment or agreement concerning the custody of the child or the right of access or the release of the child in any other case;

(3) the judgment or settlement of the family law maintenance obligation;

(4) the conviction or reconciliation between parents and children;

(5) Whereas the Court of Justice, the Court of Justice, the Court of Justice, the Court of Justice, the Court of Justice, the Court of Justice and the Court of Justice of the European Union, the Court of Justice of the European Union, the Court of Justice of the European Union, A Finnish or Danish national and was domiciled in one of those States;

(6) a judgment or settlement concerning:

(a) the bankruptcy of the debtor,

(b) the opening of public procurement without bankruptcy,

(c) any other matter which depends on the consideration of the bankruptcy court or tribunal, or

(d) the absence or cancellation of a legal action or any other measure in the event of bankruptcy or bankruptcy without bankruptcy, except in the case of a judgment or settlement in Iceland, Norway, Sweden, Finland or Denmark; The absence or cancellation of a legal action arising from bankruptcy or public acorage, without the fact that the debtor did not reside or die in the State where the debtor did not reside or reside in the State in which the The decision has been given or, in the case of a legal person, that it has no place of residence; There; or (21.1.1983/349)

(7) a judgment or settlement in a case which must be immediately investigated by a specialised court or tribunal on collective agreements.

ARTICLE 3

For the purposes of this Act, the judgment refers to a decision of the Court of Justice which definitively settled the main proceedings.

§ 4

For the purposes of this law, it is considered that:

(1) the decision of the Swedish court in which someone is required to pay the loan in the case in question;

(2) a certificate issued by the Swedish court on the order for payment of the order to be delivered;

(3) the indemntion order issued by the Norwegian Public Prosecutor's Office, approved by the person referred to in the order;

(4) a decision on the reimbursement of legal costs in the event of a judgment in the case in question in the present law or by the law on the recognition of Nordic paternity solutions (352/80) , and in the case of criminal proceedings, if the compensation is to be paid to a private party; (16,1980/353)

(5) a decision by which one of the parties is obliged to pay compensation for a free trial or other legal aid;

(6) a decision on compensation to a witness or an expert in a dispute or a criminal case; and

(7) a decision concerning the repayment to the State of the witness, the injured party or the person concerned.

Recognition
§ 5

The legal judgment referred to in this Act shall also be valid in Finland, subject to Article 6.

ARTICLE 6

The judgment in this Act is not valid in Finland:

(1) where the jurisdiction of the court in the matter of the obligation to pay was based solely on the fact that the defendant had property in the State where the judgment was given, unless there was a question on the claim relating to that property; Or whose payment is made as collateral, the defendant, without the claim, has failed to respond to the main proceedings;

(2) where the jurisdiction of the court has been based solely on the fact that the defendant's challenge was served on a temporary basis in the State where the judgment was delivered, unless the defendant has failed to respond to the main proceedings;

(3) if the judgment has been issued against a defendant who has not responded to the action at first instance or before a court or tribunal, and the invitation to reply to a complaint has not been served on him in any way other than an alert, unless it: On the basis of inheritance or wills, the right of the surviving spouse, the laundering or death of the surviving spouse, and the deceased was a national of Iceland, Norway, Finland, Sweden or Denmark and was domiciled in one of the Of these countries;

(4) if the action brought before the same parties has been brought before the same parties in Finland or in a Nordic country other than the one in which the judgment was delivered and the earlier action brought may result in a judgment which, under this law, is In force in Finland;

(5) where the authority which is requested for the recognition or enforcement of a judgment is, in relation to the quality of the case, considers the exclusive competence of a non-State court other than that of the State in which the judgment was given; or

(6) if the recognition or enforcement of the judgment appears to be contrary to the grounds of the Finnish legal order.

Implementation
§ 7

A judgment which, according to this law, is valid in Finland and enforceable in the State where it is issued must be enforced in Finland on request.

The provisions laid down in this Act shall apply mutatis mutandis to:

(1) an amicable settlement before the court or other authority, which is enforceable in the State where it is made;

2) Reconciliation of a private law requirement pursuant to Article 478 (1) (4) of the Danish court (udenlig forlig) If it was made in Denmark and the debtor at the time was domiciled in the said State;

(3) According to Norwegian law, if the debtor has signed the promissory note in Norway and was domiciled in the State in which the debtor was domiciled, without trial, and

(4) Under Danish law, without trial, a bill, a bill and a cheque, if the debtor has signed the document in Denmark and was domiciled in the State in which he was domiciled, would be admissible without trial.

In the case of enforcement, this law shall also apply to the judgment referred to in Article 2 (1) if the judgment in accordance with the judgment of the Republic of Finland, Iceland, Norway, Sweden and Denmark of 6 February 1931 in marriage, child sex and guardianships The provisions of the Agreement on Private International Law (Treaty Series 20/31) are in force in Finland.

§ 8

An interim or final decision of the court or administrative authority of Iceland, Norway, Sweden or Denmark, or of a judicial or administrative authority, or a decision on the release of a child in any other case shall be, irrespective of whether it is legal Or, if requested, to be implemented in Finland if it may be the basis for implementation in the State where the decision has been adopted. The judgment of the court or administrative authority shall be deemed to be equivalent to an agreement before the Court or an agreement approved by the competent administrative authority.

However, if the decision referred to in paragraph 1 is in conflict with the decision adopted in Finland, the implementation shall not be implemented unless the first decision has to be complied with as it is in force. In addition, enforcement may not be carried out under a circumstance which, according to Article 6, is not in force in Finland.

Paragraph 1 shall not apply to a decision adopted by the executing authority or to the social committee or other authority concerned with regard to the protection or treatment of children and young people, or The decision adopted under the legislation.

Paragraph 1 shall not apply where the application of the decision on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and parental responsibility is subject to the application of the decision, and Regulation (EC) No 2201/2003 repealing Regulation (EC) No 1347/2000. (21.12.2004)

§ 9

The lawless judgment given by the Icelandic, Norwegian, Swedish or Danish courts with which someone is obliged to pay and which under this law may enter into force in Finland is when it is enforceable in In the Member State where it is given, if applicable, in accordance with the provisions of: Article 7 of Chapter 3 of the expatriation Act (1) is provided for.

Exit L 37/1895 Has been repealed by the Exchequer 17/11/2007 . See. Output arch 705/2007 Chapter 3 § 7 .

Procedure
ARTICLE 10

An application for enforcement shall be addressed to the District Court. (1.11.1996/801)

The application for a judgment shall be accompanied by a copy of the judgment certified by the authority concerned and a statement of the validity of the judgment. When the judgment is not valid, the application shall also be accompanied by a statement that the judgment is enforceable in the State where it is issued.

An application for the implementation of an agreement shall be accompanied by a certified copy of the agreement and a certificate stating that the agreement is enforceable in the State where it is made.

An application for the implementation of a decision, agreement or agreement referred to in Article 8 (1) shall be accompanied by a certified copy of the document in question and a statement that it may be the basis for implementation In the State where the decision has been taken, the settlement has been concluded or the agreement has been approved.

An application for the implementation of a promissory note, a bill or a cheque referred to in Article 7 (2) (3) or (4) shall be accompanied by an original bond, a bill or a cheque, and a Ministry of Justice in the State where the document is: Signed, certifying that the document in the State in question may constitute grounds for implementation. The certificate shall also specify the specific conditions of implementation which may be in force under the legislation of the State concerned.

The document drawn up in a language other than the Finnish, Norwegian, Swedish or Danish languages shall be accompanied by a certified translation into one of those languages, unless the District Court grants a derogation. (1.11.1996/801)

ARTICLE 11

The decision on the implementation of the application shall be given without consultation unless the District Court otherwise decides otherwise. (1.11.1996/801)

However, the application for the implementation of Article 7 (2) (2) of the agreement referred to in paragraphs 3 or 4 of the text referred to in paragraphs 3 or 4 of the text referred to in paragraph 2, shall not be granted unless the counterparty is given an opportunity to: Its opinion on the application. If he denies the application and the denial is apparently unfounded, the application must be rejected. If the agreement referred to above includes the reimbursement of costs, the amount of compensation may be reduced.

If the application for implementation under this law cannot be immediately agreed, the district court may, at the request of the applicant, immediately order In Chapter 7 of the Court of Justice , which is necessary for the protection of the applicant's right. (1.11.1996/801)

Save as otherwise provided for in this Act, the application procedure shall apply mutatis mutandis to the law on the application of the application procedure in the General District Court (187/86) . An application for enforcement shall be examined in the Office of the District Court, unless the witness or other person is heard in person. If the decision of the District Court has not been notified to the applicant in accordance with Article 16 of that Law, he shall have the right to appeal against a change of dissatisfaction within 30 days from the date on which he or she is Article 15 of Chapter 12 of the Court of Justice Has been informed of the decision. (1.11.1996/801)

L processing of application cases in general law 307/1986 Has been repealed by L for the amendment of the Court of Justice 768/2002 . See. Trial of justice 4/1734 7 and 8 .

ARTICLE 12

The implementation of this law shall take place, subject to this law, as provided for by the enforcement of the judgment of the Court of Justice. However, if the implementing document contains a provision on the use of coercive measures, the provision shall not be complied with.

Outstanding provisions
ARTICLE 13

If an action is brought before the Court of Finland for which proceedings are already pending before the courts of Iceland, Norway, Sweden or Denmark, and proceedings before the Court of Justice may lead to the adoption of a judgment under this law Is in force in Finland, the action taken later has to be declared inadmissible or pending the legal entry into force of the judgment in the proceedings before the court.

ARTICLE 14 (1.11.1996/801)

Access granted to the district court In Chapter 7 of the Court of Justice Proceedings before the Court of Justice of Iceland, Norway, Sweden or Denmark shall be deemed to be of the permanence of that measure in accordance with Article 6 of that Chapter when considering the action before the Court of Justice Tax if, according to this law, the judgment of a court seised abroad may enter into force in Finland.

§ 15

More detailed provisions on the application of this law shall be adopted, where appropriate, by a regulation.

ARTICLE 16

This Act shall enter into force for each of the States referred to in Article 1, at the date specified by the Regulation.

The law shall not apply to the judgment given, nor to the settlement made, nor to the promissory note, the promissory note or check referred to in Article 7 (2) (3) or (4), which is set before the law enters into force.

Entry into force and application of amending acts:

16 MAY 1980/353:

This Act shall enter into force on 1 July 1980.

21.1.1983/349:

This law shall enter into force in respect of the State referred to in Article 1 of each amended law at the time of the adoption of the regulation.

Before the entry into force of the new law, prior to the entry into force of the new law, prior to the entry into force of the new law, before the law enters into force, without bankruptcy or any other measure, the validity or annulment of a new law shall: Provisions.

HE 211/82, exterior. 24/82, svk.M. 220/82

1.11.1996/801:

This Act shall enter into force on 1 December 1996. Transitional provisions are explicitly provided for.

21.12.2004:

This Act shall enter into force on 1 March 2005.

THEY 186/2004 , LaVM 10/2004, EV 187/2004 Council Regulation (EC) No 2201/2003 (32003R2201); OJ L 338, 23.12.2003, p. 1