The foreign entrepreneurs who are running different businesses in Italy may need to enforce a court judgment from abroad and they should know a few details about the legal procedure. A foreign judgment is recognized in Italy and can be enforced according to the Private International Law Act that came into force in 1996.
Even if the judgment belongs to a foreign court, it is recognized in Italy without any other document or proof. The new law made things easier because it is not required anymore a court order in order for a foreign judgment to be recognized. This court order is necessary only if a citizen (the one who lost the trial) contests the foreign judgment.
The law stipulates a few conditions for the foreign judgment to be recognized in Italy. A judgment can be enforced in Italy only if the foreign judge had the jurisdiction to handle the case. The defendant must have had the right to defend himself/herself and he/she received the summons in accordance to the laws of the country where the trial took place.
The parties involved in the trial must have been respected the legal procedures related to the trial and the foreign judgment is required to be final in order to be recognized in Italy and to be in no conflict with other final judgments taken by a court in Italy. The same case must not have been sent to be judged by an Italian court.
Another condition is that the provisions in the foreign judgment must not contradict the public order in Italy. The person who wants to enforce a foreign judgment should present it to a court of appeal in Italy that will accomplish the procedure of recognition.
If you need further details about the recognition of foreign judgments in Italy, you should contact our law firm in Italy. Our Italian lawyers will help you with the procedures and they will provide additional information about your case. If you can’t go to Italy in order to solve your legal issues, you may give the power of attorney to one of our lawyers in Italy who will represent you in front of any court or local authorities.
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