Enforcing and repelling international jurisprudence in Germany

[GRP Rainer LLP Lawyers Tax Advisors - 25.08.2014] GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London - www.grprainer.com/en conclude: State borders also mark the end of the jurisdiction of courts. This can lead to problems if the matter is one of enforcing claims against foreign debtors.

There are many situations in which German and international law clash with each other and the jurisprudence varies from state to state. A traffic accident or the purchase of property abroad can give rise to serious problems when it comes to enforcing one's claims. This, of course, also applies in these times of globalisation in particular to cross-border economic relations between businesses of different states.

In principle, foreign judgments are recognised in Germany, yet the legal consequences can vary significantly. While within the European Union member states are striving to harmonise jurisprudence, differences do still remain. Nonetheless, there are appropriate regulations between the states of the EU in order to simplify the enforcement of judgments. Outside the EU, it is considerably more difficult to enforce a foreign judgment in Germany.

Germany has concluded corresponding agreements with most, but not all, states. However, if no European regulations or other intergovernmental agreements are applicable, a judgment of a foreign court can only be enforced according to German procedural law if it has been declared admissible. This also means that claims which relate to a judgment from a foreign court are not automatically enforceable in Germany.

Globalisation has made jurisprudence and its enforcement across state borders increasingly important. In order to be able to actually enforce claims, those concerned should turn to lawyers who are familiar with international law and international litigation. The Cologne-based law firm GRP Rainer also works for this reason with international law firms in order to be able to enforce or repel claims before the relevant courts.

http://www.grprainer.com/en/Execution-and-enforcement-of-foreign-judgments-in-Germany.html