Originally from: Enforcement of Money Judgments - Looseleaf
Enforcement of Money Judgments - Electronic
Democratic Republic of Congo
Armand K. Ciamala
I. PRESENT ATTITUDE TOWARD ENFORCEMENT OF
FOREIGN MONEY JUDGMENTS
A. Describe the receptiveness of your government (including
courts) toward the enforcement of foreign money judgments.
The courts of the Democratic Republic of Congo are bound by
statute to recognize and enforce a foreign judgment if: (1) it is not
contrary to the public order; (2) it is final and dispositive of the claim
under the law of the country in which judgment was rendered; (3)
according to the law of the country in which it was rendered, the copy
of the original judgment meets all legal conditions for authenticity; (4)
jurisdiction of the court rendering the judgment is not premised solely
on the nationality of the defendant. The courts are, therefore, receptive
to the enforcement of a foreign judgment if it meets these criteria.
B. Briefly describe recent illustrative attempts, whether
successful or unsuccessful, to enforce a foreign money
judgment in your country, particularly with regard to
enforcement of any judgments from United States courts.
There is little or no modern jurisprudence on this issue as the courts
of the country do not have an organized reporting system. Thus, there
is really little way of verifying what attempts have been made to
enforce foreign money judgments and what success they have met
with. Nevertheless, the law is quite clear that the courts must enforce
foreign money judgments that meet the five criteria described above.
C. Describe any proposed legislation or other governmental
action in your country that could significantly affect the
enforcement of foreign money judgments.
There is no known legislation or governmental action proposed or in
progress concerning the enforcement of foreign money judgments.