How to implement the foreign court’s decree inside of Egypt.
This issue is referring us to the articles no 296:301 from the Egypt civil procedures cod. that are the applicable rules for this topic. We…
This issue is referring us to the articles no 296:301 from the Egypt civil procedures cod. that are the applicable rules for this topic.
We can find the conditions for implementation in the following:
- The principal of reciprocity. Which means the foreign decree will get the same treatment as the Egypt’s decree has it to be implemented in the country that belong to this foreign decree.
- If there is agreement between Egypt and the country that belong to this foreign decree, and it has different rule compare with the C.P code, the agreement has a priority than the civil procedures code.
- The Egypt court must check the foreign’s decree to stand on:
- That the Egyptian courts are not particular to control this dispute. And that foreign court is the particular to handle this dispute according to their international private law.
- That plaintive and opponent in this dispute which is relate to the foreign decree have got the full legal rights in the trail.
- That decree has the force of the adjudged according to the legal system that belong to the foreign decree.
- That decree has no any conflict with an Egyptian decree previous than it.
- The foreign’s official bonds have the same rules to get a right to be implemented in Egypt.