Abstract

PEREZ PACHECO, Yaritza. Enforcement in Venezuela of Mexican Divorce Judgments. Bol. Mex. Der. Comp. [online]. 2013, vol.46, n.136, pp.69-96. ISSN 2448-4873.

Judges rule their decisions to enforce foreign divorce judgments and therefore to achieve procedural justice. Not with standing of that, the enforcement could face different challenges, not only about its coercive enforcement -lacking of voluntarily compliance of the original decision- but also jurisdictional/territorial limitations. These limitations are related with the existence of different locations among the place of the original subject matter, the place of its effects and, the place where the enforcement decision will be ruled. However, geographical boundaries should not affect vested rights. Therefore, it is crucial to grant mechanisms that will ensure the enforcement of foreign decisions. Based on two Venezuelan supreme Court decisions, this document analyses issues related with the enforcement in Venezuela of Mexican divorce judgments, considering both the inter-American Convention on Extraterritorial Validity of Foreign Judgments and Arbitral Awards and Venezuelan domestic rules.

Keywords : foreign judgments; enforcement; recognition of judgments; executions extraterritorial; divorce.