Comity

The Comitas Gentium (also doctrine of comity ) is one of several theories that attempt to justify the recognition and enforcement of foreign judgments, not on the basis of a bond, but on the basis of warranting of mutual recognition. The Comitas Gentium has been used since the 17th century by English courts. At that time it was the only way to enforce a law which was confirmed by foreign judicial decisions and thus avoid a new charge in English courts. For later foreign court decisions were not further considered anerkennbar, unless they meet the conditions for recognition.

Doctrine of the bond

Later, the Comitas Gentium was replaced by another theory, the so-called doctrine of the bond. The judgment of a competent foreign court to which the accused is in payment delay has become anerkennbar without further charge, that is, the debt of the defendant was seen as a legal obligation, which was enforceable without the imposition of a new indictment. The Verbürgungstheorie was replaced by the bond theory.

Ratio Conventionis

Since the 19th century the recognition of judgments became an issue of negotiation of international treaties, the many states still do not want to let go of today, as long as the reciprocity is not guaranteed. The ratio Conventionis requires the state to recognize, according to a state contract. An example of such recognition agreements are multilateral treaties today. The European countries have signed a number of multilateral international treaties, to facilitate recognition of judicial decisions within the EC. For example, the Hague Convention on the recognition and enforcement of decisions relating to maintenance obligations towards children of 15 April 1958 on maintenance decisions of 2 October 1973, Luxembourg ICCS Convention on the Recognition of Judgments in Matrimonial Matters of 8 September 1967. Hague Convention on the Recognition of Divorces and legal Separations from 1 June 1970. Among them is the EEC Convention on jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters. It should serve the provision of free movement of judicial decisions between the signatory states. The States Parties undertake to accept all decisions issued by courts in other Contracting States in civil and commercial matters.