Fragmentation of Granting Foreign Judgments the Enforceable Formula

Abstract

The issue of fragmenting the granting of the enforceable formula to foreign judicial judgments is one of the problems that hinder the recognition and execution of foreign judgments. It raises several legal questions, especially concerning the principle of the unity of the judgment and the extent to which it can be divided without affecting its essence.The importance of this topic lies in its discussion of a precise and significant practical aspect,as some foreign judicial judgments and some of their paragraphs may contradict the religious and social values upon which the Algerian legal system is based. This requires judicial intervention to adapt the judgment, and possibly fragment it, to preserve the balance between respecting the authority of foreign judgments and protecting public order.Since the Algerian Code of Civil and Administrative Procedure, as well as the conflict-of-law rules stipulated by the legislator in the Algerian Civil Code, do not address this issue,identifying the position of Algerian doctrine and jurisprudence will contribute to unifying the positions of the various judicial authorities on this matter.