Foreign Judgments Recognizable and Enforceable in Libya

Abstract

The research deals with the issue of the implementation of a foreign judicial ruling issued in the name of the sovereignty of a foreign country, that is executable over the Libyan region. The Libyan legislator was not content with organizing the implementation of rulings issued by Libyan courts, but also recognized the possibility of executing judicial rulings issued by foreign courts. But, the most important of them is a general condition that is not related to the same foreign judicial ruling, which is a condition of reciprocity between the Libyan state and the country whose courts issued this foreign ruling, and special conditions related to the same foreign judicial ruling, which is its issuance by a competent judicial court in accordance with the law of the country from which the foreign judicial ruling was issued. And that it is not subject to appeal by way of appeal, and that it does not conflict with a national ruling, provided that it was previously issued by the Libyan courts, and that the procedures followed in its issuance are correct, and that it does not fear public order and morals in Libya, and whoever demands its implementation on the Libyan region must follow a procedural system by filing a lawsuit called the lawsuit for ordering the execution of a foreign judgment before the Court of First Instance in whose jurisdiction the execution is located, in order for it to obtain the authenticity of the thing ruled in, and to acquire the executive power in Libya, and it is appended to the executive formula.