Agreement E Exequatur

An exequatur is a patent that a head of state issues to a foreign consul who guarantees the rights and privileges of the consul and ensures recognition in the state where the consul is responsible for exercising those powers. If a consul is not appointed by the Commission, the consul does not receive an exequatur; the government will generally provide other means of recognition for the consul. The exequatur may be removed, but in practice, if a consul is repugnant, his government has the opportunity to recall it. [1] In Puerto Rico, an exequatur is a document confirming an order of a U.S. civil court, as if a Commonwealth court of Puerto Rico had enacted. [3] Exequatur is not used in international legal relations between socialist countries. If necessary, decisions are taken by foreign courts on the basis of mutual legal aid contracts. The exequatur is a legal document issued by a sovereign authority that allows the exercise or execution of a right within the jurisdiction of the Authority. The word is a form of Latin verb exequi, which means: «Let it run.» Soviet law allows the recognition and enforcement of foreign judgments and arbitrations that are valid, do not conflict with Soviet sovereignty and do not threaten the security of the USSR.

However, it is necessary that the USSR has an agreement with the government concerned or that the given legal space is governed by an international convention. Judgments must be submitted to the Soviet court within three years of their pronouncement. (2) Allow the enforced execution of a judgment by a court in another country in a given country. The exequatur has the form of a legal order by which a court recognizes the judgmental force of a foreign court`s decision and extends the effect of the judgment to the territory of its own state. This type of exequatur is generally applied by appelal courts. (1) Allow a consular official to perform his duties in his consular district in the state to which he is accredited. Exequatur is issued by the competent authorities of the destination country when the official presents his consular commission; it is issued in the form of a special document or sometimes a special notation made to the Commission.