Homologación de sentencias extranjeras según el código orgánico general de procesos (exequátur)

Abstract

With the validity of the General Organic Code of processes, it is announced for the first time in its Chapter VII, what is the Homologation and Recognition of foreign judgments, which is of great necessity the study of the same since thanks to this it has been possible To observe already a specific procedure to resort to an exequatur procedure that previously we were not regulated in our legislation with clarity, we only had to refer to procedures marked in the treaties and International Conventions proper to Private International Law. Thus, through the development of this research, we will begin by analyzing the meaning of the exequatur procedure, as well as its etymology and its different legal manifestations, in order to involve us in a direct and specific way in its procedural aspects and thus to help the understanding of the complex But not difficult process of exequatur. Finally we will analyze some practical cases for a better understanding of the Homologation and Recognition of Foreign or Foreign Judgments and thus proceed to make a distinction between our former Code of Civil Procedure and our current General Organic Code of Processes.