Exequatur


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EXEQUATUR, French law. This Latin word was, in the ancient practice, placed at the bottom of a judgment emanating from another tribunal, and was a permission and authority to the officer to execute it within the jurisdiction of the judge who put it below the judgment.
     2. We have something of the same kind in our practice. When a warrant for the arrest of a criminal is issued by a justice of the peace of one county, and he flies into another, a justice of the latter county may endorse the warrant and then the ministerial officer may execute it in such county. This is called backing a warrant.

EXEQUATUR, internat. law. A declaration made by the executive of a government near to which a consul has been nominated and appointed, after such nomination and appointment has been notified, addressed to the people, in which is recited the appointment of the foreign state, and that the executive having approved of the consul as such, commands all the citizens to receive, countenance, and, as there may be occasion, favorably assist the consul in the exercise of his place, giving and allowing him all the privileges, immunities, and advantages, thereto belonging. 3 Chit. Com. Law, 56; 3 Maule & Selw. 290; 5 Pardes. 1445.

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The grant of the Exequatur officially recognized her role as Philippine representative to Serbia and gave way to the opening and operation of the consulate.
Puis en 2015, le Tribunal de commerce de Casablanca a ordonne l' exequatur de la sentence arbitrale.
This additional barrier or legal hurdle involved the doctrine of double exequatur. Under this legal doctrine, extraterritorial enforcement of an arbitral award was contingent on judicial review/confirmation of the arbitrator's decision by the national court system of the country where the arbitration case was first adjudicated (Davis, 2002).
Explica las normas vigentes en estos dos paises y se detiene recogiendo la decision de la Corte Europea de los Derechos del Hombre, de 20-VII-2001, exigiendo que antes de reconocerse el exequatur se debe verificar el cumplimiento de las garantias del articulo 6 de la Convencion Europea de los Derechos del Hombre.
Estas constituem organismos internacionais estabelecidos em Acordos ou Tratados que inclusive, a depender do teor da respectiva normativa internacional podem prestar auxilio direto dispensando o exequatur pelo Judiciario do Estado solicitado.