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іі8
FOREIGN CIVIL JUDGMENTS. P. iv„ Сн. ѵн.
§101.
Costs of
legal
proceedings.
Belgium,
Spain,
France,
Italy,
Luxemburg, [-Netherlands, Portugal, Switz-zerland,-]
{+Nether-
lands, Por-
tugal, Switz-
zerland,+}
Sweden,
Norway,
Germany, [-Austria-Hungary,-]
{+Austria-
Hungary,+}
Denmark,
Roumania.
The execution of the judgments of foreign courts in Russia also
takes place in accordance with Arts, 11, 12, and 13 of the International
Convention concluded at The Hague on the 14th November 1898, by
Belgium, Spain, France, Italy, Luxemburg, the Netherlands, Portugal,
Switzerland, Sweden and Norway, Germany, Austria-Hungary, Denmark,
Russia, and Roumania, and confirmed, as to Russia, by Imperial Decree
of the 24th February 1899. These articles are as follows :—
" No guarantee or deposit on account of legal costs shall be
demanded, under the pretext of foreign nationality, from the subjects
of either of the Treaty States residing in one and applying to the
tribunals of another of them, whether as claimants in lawsuits or as
persons participating in such suits. When, on the basis of this treaty,
or on the strength of the laws of the State where the claim has been
lodged, the payment of the costs of the case and of the damages has
not been secured by a guarantee or deposit, the orders made by courts
of law in any of the contracting States for the payment of such costs
or damages, can be enforced by the competent local authority and
in accordance with local law. The competent authority must, in
such cases, only satisfy himself that the decision in question is in
accordance with the laws of the country where it was given, and that
it has acquired legal force in accordance with those laws."
From the above articles it appears, that a foreigner who lodges
a claim in one of the contracting States and is condemned by a court
of law of the State where such claim was lodged, to pay the costs of
the proceedings, may be compelled to do so, on a requisition of the
said court, by the competent authority in his own country : in other
words, the decision of a foreign law court, condemning a Russian
subject to pay the costs of a lawsuit can be enforced in Russia,
provided that the competent Russian court is able to satisfy itself of the
authentic nature of the decision and that it has acquired legal force.
This must be attested by the Russian Consular officer of the district.
In cases of doubt as to the validity of a decision, the Consul may
require a certificate from the local authorities, to the desired effect,
on the document being presented to him for legalisation.
Judgments of foreign courts, to which the special treaties as above
do not apply, may not be legalised by Russian Consular Officers,
except when there is no reason to suppose that the Consular
legalisation is required in order to procure execution of the judgments in
Russia.1
The execution of judgment of foreign courts in Russia, and vice
versa, also takes place whenever such execution is necessary on account
of succession treaties which have been concluded between the States
concerned.
1 Circular of the II. Department of the Ministry of Foreign Affairs, 4th
December 1882, No. 11,055.
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