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单词 exequatur
释义

exequatur


exequatur

(ˌɛksɪˈkweɪtə) n1. (Government, Politics & Diplomacy) an official authorization issued by a host country to a consular agent, permitting him or her to perform his or her official duties2. (Roman Catholic Church) an act by which the civil governments of certain nations permit the laws of the Roman Catholic Church to take effect in their territories[C18: from Latin, literally: let him perform, from exequī to perform, from ex-1 + sequī to follow]

Exequatur


Exequatur

 

in international law:

(1) An authorization for a consular officer to perform his functions in his consular district in the state to which he is accredited. The exequatur is issued by the competent bodies of the country of destination when the officer presents his consular commission; it is issued in the form of a special document or sometimes a special notation made on the commission. In accordance with Soviet legislation, exequaturs are issued by the Ministry of Foreign Affairs of the USSR.

(2) An authorization for the compulsory execution in a given country of a judgment pronounced by a court in another country. The exequatur takes the form of a legal order by which a court acknowledges the legal force of a foreign court’s decision and extends the effect of the ruling to the territory of its own state. This type of exequatur is usually implemented by appellate courts.

Soviet legislation permits the recognition and execution of foreign court and arbitration judgments that are legally valid, do not conflict with Soviet sovereignty, and do not threaten the security of the USSR. It is required, however, that the USSR have concluded an appropriate agreement with the corresponding government or that the given legal area be governed by an international convention. The judgments must be presented to the Soviet court within three years from the time they are pronounced.

Exequaturs are not used in international legal relations between socialist countries. When necessary, decisions of foreign courts are carried out on the basis of agreements of legal assistance.

Exequatur


EXEQUATUR, French law. This Latin word was, in the ancient practice, placed at the bottom of a judgment emanating from another tribunal, and was a permission and authority to the officer to execute it within the jurisdiction of the judge who put it below the judgment.
2. We have something of the same kind in our practice. When a warrant for the arrest of a criminal is issued by a justice of the peace of one county, and he flies into another, a justice of the latter county may endorse the warrant and then the ministerial officer may execute it in such county. This is called backing a warrant.

EXEQUATUR, internat. law. A declaration made by the executive of a government near to which a consul has been nominated and appointed, after such nomination and appointment has been notified, addressed to the people, in which is recited the appointment of the foreign state, and that the executive having approved of the consul as such, commands all the citizens to receive, countenance, and, as there may be occasion, favorably assist the consul in the exercise of his place, giving and allowing him all the privileges, immunities, and advantages, thereto belonging. 3 Chit. Com. Law, 56; 3 Maule & Selw. 290; 5 Pardes. 1445.

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更新时间:2024/9/23 3:28:05