A Study on the Interpretation of Non-substantive Review Clauses in the Hague Convention on Judgements
DOI:
https://doi.org/10.54097/fbem.v5i3.1912Keywords:
Hague Judgment Convention, A non-substantive review, Recognition and enforcement of foreign judgmentsAbstract
The non-material review clause stipulated in Article 4 (2) of the 2019 Hague Convention on Judgments is the basic clause of the Convention and the concept of facilitating the circulation of foreign civil and commercial judgments pursued by the Convention. However, there are some obstacles in practice, such as differences among countries on the concept of non-material review, vagueness of the scope of non-material review in the Convention and unitary initiation method of non-material review, which hinder the application of non-material review provisions. Based on this, by defining the concept of non-material review, clarifying the scope of non-material review matters and constructing a new diversified non-material review initiation method, this paper aims to improve the relevant provisions of non-material review provisions and promote their application in the process of recognizing and enforcing foreign civil and commercial judgments.
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