The process of recognition and execution in Italy of a judgement issued by a Chinese court follows a simplified procedure under the Treaty for Mutual Assistance in Civil Matters signed between Italy and China in 1991.
The scope of this procedure, pursuant to Article 1 of the aforementioned Treaty, are judgments in the field of civil law, commercial law, family law and labor law.
The application for recognition must be submitted to the Court of Appeal of the district in which the sentence is to be enforced.
The requesting party must attach to the application an authentic and complete copy of the judgement with sworn translation into Italian. From the judgement must result the transition into res judicata, the regular summons of the defaulting party or the correct procedural representation of the incapable. Failing this, together with the sentence, documents proving such circumstances must also be attached to the application for recognition.
Pursuant to Article 7 of the Treaty between Italy and China on judicial assistance in civil matters, it is not necessary to legalize the sentence and the procedural documents mentioned above.
The Court of Appeal will decide on the application as a result of a summary rite of cognition aimed at verifying the circumstances of Article 21 of the Treaty between Italy and China on judicial assistance in civil matters, in particular:
jurisdiction of the judicial authority that issued the sentence pursuant to Article 22 of the Treaty
transition of the judgement into res judicata, according to the law of the place where it was pronounced
correct summons of the defaulting party or correct legal representation of the incapable
existence of another final judgment or pending previous judgment between the same parties on the same subject
the judgement to be recognized and executed contains provisions that are likely to prejudice sovereignty or security or contrary to public order
In case of acceptance of the application for recognition, the foreign judgement together with the order issued by the Court of Appeal constitutes the executive title.
Avv. Chiara Civitelli e Avv. Lifang Dong
This article is not a legal advice, but it has an informative function only. For personalized legal advice, contact us by e-mail info@dongpartners.eu or by phone +39 06 916505710. © Dong & Partners International Law Firm, All rights reserved
#dongpartners #judicial #execution #recognition #international #italy #china #civil #labour #family #trade
Comments