The Problematics of Execution Law Against Non-Executable Judgments (Published)
In public courts, particularly to civil cases, the litigation is under the procedures of civil law. It is a legal regulation that organizes ways to maintain and preserve material civil laws. The procedural law is also identified as a way to file a particular civil case to a civil court and organize ways the judges take in making judgment for a civil case toward a legal subject. The procedures of civil law aim to prevent any vigilante actions, and thus, it may create a public legal order. Judiciaries provide a legal protection for legal subjects in preserving their rights and prevent any vigilante and arbitrary actions. After having the process of case investigation as set under the procedural law, a court judgment is made which aims to judge and solve the case. Legal actions are subsequently conducted until a fixed legal judgment (inkracht van gewijsde) is made. Some executions of judgment for civil cases in Indonesia is not allowed to conduct–suspended- due to any resistance; the executed object is different from the reality or it is considered non-executable. The suspended or non-executable judgment should be immediately addressed on its implementation, instead of its law.
Keywords: Civil Case, Judgment, Non-Executable
Recognition and Enforcement of Foreign Judgments and Arbitral Awards in Albania (Published)
This paper aims at providing an analysis of the Albanian legislation and jurisprudence on the recognition and enforcement of foreign judgments and arbitral awards in Albania. Such an analysis is especially relevant in the current situation of the development of Albania and in this crucial moment of its European integration process and the implementation of the Stabilization and Association Agreement with the European Union.The analysis is composed of three parts, starting with the definition of the foreign judgments and arbitral awards as enforceable orders. Also, apart from the Albanian legislation, the analysis includes the legislation of other European countries, as well as the impact in its domestic legislation of different international treaties on the recognition and enforcement of foreign judgments and arbitral awards.The paper is enriched with the analysis of the Albanian jurisprudence, among others by including the unifying judgments of the Joint Benches of the Supreme Court, because of their special leading role for the courts in Albania. Further, the analysis continues with the detailed procedure of the recognition and enforcement of foreign judgments and arbitral awards in Albania, ending with the conclusions.
Keywords: Arbitration, Court, Enforcement, Judgment, Legislation, Recognition