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Law On Recognition And Enforcement Of Judgments Nordic Field Of Private Law

Original Language Title: Lov om anerkjennelse og fullbyrding av nordiske dommer på privatrettens område

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Law of recognition and consummation of the Nordic judge on the home of the privacy of the law.

Date LAW-1977--06-10-71
Ministry of The Justis and the Department of Emergency
Last modified LO-2010-03-26-9 from 01.07.2013
Published
Istrontrecation 01.01.1978
Changing
Announcement
Card title Law of the Nordic privatireless judge.

Capital overview :

Jf. tvl. Section 19-16, Convention 16 March 1932 (see front).

Recognition. SECTION 1.
1. Justice decision on a privatient requirement that in civil case or criminal charges has been hit by Danish, Finnish, Icelandic or Swedish court, has binding effect in Norway when nothing else follows by the rules of Section 7 and 8.
2. By decision, in this law, only the decision of the actual claims or legal conditions is the object of the matter, unless otherwise follows by Section 5 first clause.
Section-The following decisions have binding effect in Norway for as far as they concern privatiporeal requirements and have achieved judicial power :
a) decision by the Finnish home exexexor or Swedish court has imposed payment on the basis of debt or other written evidence ("readings in publishing target") ; Finnish readings in publishing targets are deemed judicial when the deadline has expired, even about the deadline for the crop gain is not out,
b) Finnish "payment order" and
c) Swedish " evidence in the goal of the pay of the payment of the year-on-night of the night of the month of the month of the month.
Section 3.Same binding effect has further court-made decision on
a) case costs in civil case of claims as the law includes,
b) case costs to insult in criminal case,
c) allowance to witness or case-savvy in civil case or criminal case, and
d) repayment to the public of the research of researchers who are paid witness, insult to criminal charges or party.
Full-court holding. Section 4. Decision that by the rules of this law has binding effect in Norway, and which are compulsising in the state where the decision has been hit (the copyright) shall on the petition be fulfilled here.

The same is true :

a) Equal about a private law requirement that has been reached for court or other authority in Denmark, Finland, Iceland or Sweden, and that can be fulfilled in the copyright.
b) Foreign settlement and debt letter that after the Danish law of the court's pleje Section 478 # 4 and 5 can be carried out in Denmark without lawsuits, yet only so the settlement of the settlement was signed or the debt letter was signed in Denmark by the accusation and this then had residence there.
c) Justice decision by Finnish utmäretman or overexexor hit in connection with the backdrop of an item purchased on repayment, and going out that the buyer or seller should pay an amount to the other party, nonetheless only so the guilty accusation at the time of the return of the return had residence in Finland.
d) The output of Swedish chronologic of the case of the pay of the payment of the payment of the pay, and the readings of Swedish chronologic in the case of regular handragration.
0 Modified by law 11 June 1993 # 83 (ikr. 1 aug 1993).
SECTION 5.
1. Righteous and administrative decisions, herduring temporary decisions, which have been hit in Denmark, Finland, Iceland or Sweden about parental authority over children, about the right to personal intercourse with children or about over-delivery of children in another earthing, and as may be the basis for consummation in the copyright, shall on motion be fulfilled here. It does not require the decision to be judicial. The same applies to the settlement which has been reached for a court and agreements approved by an administrative authority in mentioned countries.
2. Decisions, settlement and agreements that contrasters decisions that have been struck or settled here in the country can only be fulfilled here, if the first mentioned shall apply after the honest rules about it.
3. The rules in the first clause do not apply to decisions that have been met by the consummation Authority or as the health and Social Board or other authority has hit after the person's state legislation on the public of the public and juvenile court or thus equal Care.
0 Modified by law 12 June 1987 # 70.
Section 6. Decision that goes out on payment of money, and as after the law here can obtain binding effect in Norway, can be fulfilled here in the realm when it is compulsising in the copyright of the state.
0 Modified by law 11 June 1993 # 83.
Exceptions from recognition and consummation. SECTION 7.
1. This law does not apply :
a) decision or settlement of the uptake of the formality community, separation, divorce, resettlement of marriage, foundation or raising of adoption conditions, whole or partial waiver of legal action or change of ordinance about this, or if sharing of fortune or replacement in connection with separation, divorce, or recast of marriage, for as far as consummation gets the law dog's appeal on decision that has binding effect here in the country after article 22 in convention on February 6, 1931 between Denmark, Finland, Iceland, Norway and Sweden regarding International privatietary regulations on marriage, adoption and vergemeel,
b) decision or settlement of parental authority over children, about the right to personal intercourse with children or about over-delivery of children in another harvest, unless otherwise follows by Section 5,
c) decision or settlement of the family-of-family subresettlement alike,
d) decision or settlement of kinship,
e) decision or settlement of the right to heritage or legate, reliving spouse, death-shifting or liability for an inherited debt, unless the deceased was a citizen in Denmark, Finland, Iceland, Norway or Sweden and settled in one of these states,
f) decision or settlement of bankruptcy treatment or public chord negotiation, recast, or resettlement of judicial charges due to bankruptcy, if the ikei decision or settlement applies to recast or discharges of court stitching on because of a bankruptcy that has been opened in Denmark, Finland, Iceland, Norway or Sweden, and the court at the opening of bankruptcy due to its competence on the guilt of the guilt or by his death was settled in the country, or that a company, a collectional enterprise, an association or a foundation had its seat in the country.
g) decision or settlement in case that is to be brought in directly for the candid courts that treat questions about collective agreements in working conditions.
2. The law also does not apply to the Nordic Judge m.v. as an recognition and be fulfilled here in the realm after the Luganochondrial 2007 and also not for as far as follows by rules of recognition and consummation in the shonest relationship.
0 Changed by laws 8 jan 1993 # 21, 29 June 2007 # 81 (ikr. 1 jan 2008 ifg res. 23 Nov 2007 # 1287), 19 June 2009 # 79 (ikr. 1 jan 2010 ifg. res. 16 oct 2009 # 1279), 26 March 2010 # 9 (ikr. 1 July 2013 ifg. res. 5 apr 2013 # 338) that changed by law 5 apr 2013 # 12.
SECTION 8. The rules of recognition and consumding do not apply :
1. When the basis of the ruling authority's competence exclusively is one or more of the following conditions, unless the ensuing one has allowed on the case of the case without taking reservations :
a) that the sued had a formagant in the copyright, so the case did not apply to a requirement that concerns the formagobject or as it was asked as security for,
b) that the subpoena was proclaimed for the ensuing during his temporary residence in the copyright,
c) a verbal deal that does not fill the requirements of the tweet Act Section 4-6, so-induced the decision applies to a lawsuit that at the appointment of the appointment had ordinary verneying in Norway and the future of the future.
2. Decision that in the first agency has been hit against an outside lawsuit, when the injunction to respond to the case is recited only by public announcement. The same is true for decision in higher authority, when the sued is unstayed in all the instances, and the injunction that mentioned not in any authority is recited differently than by public announcement. For as far as the decision mentioned in Section 7 first clause letter e, the exception applies only to the decision of reliving spouse or the individual heirs of the inheritance of the heir.
3. Decision of the same requirement as it already stands lawsuits on between the same parties for Norwegian court or for the court of other Nordic state, so that this lawsuit has been erected first and can lead to decision that can be binding effect in Norway after this law.
4. Decision or settlement of claims as a court in a different state than the copyright of the dispute over the dispute of the dispute has encompeting to determine.
5. Decision or settlement for as wide recognition or consummation would seem obviously offensive to the Norwegian court order.
0 Modified by law 17 June 2005 # 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3.
The procedure at consummation. SECTION 9.
1. The desire for consummation is directed to the courthouse.
2. With the petition for consummation, following the rejection of the decision confirmed by the person's authority as well as evidence that the decision is judicial. Is the decision not judicial, should instead follow with evidence that the decision is compultive.
3. When the desired consummation of settlement, it shall be presented confirmed the rejection of the settlement and evidence that the settlement may be required consummated in the copyright.
4. With the motion of consummation of foreign settlement or debt letter mentioned in Section 4 other clause letter b, shall follow the document in original and confirmation from the Danish Justice Ministry that the exodus in Denmark would be able to be driven by the guilty plea without lawsuits.
5. With the petition for the consummation of decision, settlement and agreement that repatriation of Section 5 shall follow confirmed the scription of the document and evidence that there may be grounds for consummation in the copyright.
6. With documents written in languages other than Danish, Norwegian and Swedish should follow confirmed reinstalling to one of these languages, unless the consummation authority decides otherwise.
7. The king can provide regulations on evidence and other documents that can be required after the paragrafen here.
0 Modified by law 30 aug 2002 # 67 (ikr. 1 jan 2003 ifg res. 30 aug 2002 # 938).
SECTION 10.
1. Decision about whether consumding is to happen, shall be, without the suing sound. Could that happen without harmful prehaul, he still can after the circumstances be allowed to comment on it.
2. At the petition of consummation of Foreign Court settlement or debt letter mentioned in Section 4 other clause letter b, shall be sued to be allowed to comment, if not honest reasons speak against it. Contains an outside legal document provision about the costs of the completion of the claim, the amount of detentions can be deduated during the consummation if the namatauthorities find it unsustainable high.
Section 11.Fullcharge is happening as for domestic force grounds determined, when nothing else follows by the law here. Honest regulations that the decision or settlement of the settlement had to contain if compulsions do not receive the Applicability.
Liskendence. SECTION 12. Travel's lawsuit for Norwegian court, and lawsuits of the same claims between the same parties already stands for court in Denmark, Finland, Iceland or Sweden, should the lawsuit here be dismissed or be stopped in anticipation of judicial decision in the other state, so-induced it is believed that the decision there will have binding effect in Norway after this law.
Recognition and consummation of Norwegian judge in other Nordic countries. SECTION 13.
1. The Norwegian judicial decisions and regulations can be desired recognized and consummated in Denmark, Finland, Iceland and Sweden in accordance with the laws herbied in these countries.
2. The king can provide regulations on the future of the procedure here in the realm at the petition of consummation in other Nordic countries, herding about evidence and attests that needed to be required in consummation, as well as on whom motion for consumding shall be directed to in other Nordic countries.
Ipower trekation and SECTION 14.
1. This law takes effect from the time the King decides. The law can be placed in effect in relation to one or more of the Nordic countries.
2. It does not receive the Applicability of the decision that has been struck or settlement that has been reached before the law of law enforcement.
0 From 1 jan 1978 in relation to Denmark, Finland and Sweden, ifg. res. 2 des 1977. About older judge and relations with Iceland see note 1 to convention 16 March 1932 front.
Section 15.From the time this law takes effect, the following changes are made in other laws :---