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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The recognition and enforcement of foreign judgments in Transkei, Bophuthatswana and Venda
Author:Brooks, Pierre E.J.ISNI
Year:1979
Periodical:South African Yearbook of International Law
Volume:5
Pages:1-18
Language:English
Geographic term:South Africa
Subjects:bantustans
State recognition
judgments
Abstract:Domestic courts all over the world do recognise and enforce foreign judgments. They do so by virtue and on the strength of their own national law and not on the basis of some pre-existing obligation imposed on them by public international law. Constitutional developments in South Africa have complicated matters pertaining to the recognition and enforcement of foreign judments in the region. Transkei became independent on 26 Oktober 1976, Bophuthatswana on 7 December 1977, and Venda on 13 Spetember 1979. The international community has withheld recognnition of these new states. There are therefore three dinstinguishable situations to be discussed: 1) stems from the fact that Transkei, Bophuthatswana and Venda (TBV) obtained their independence from South Africa; 2) perteins to the inter se relationship between TBV; 3) is brought about by the non-recognition of TBV by the rest of the world. In reviewing the situation the author deals with matters which appear to crop up most frequently in practise: The applicable law in TBV - Foreign divorce decrees - Foreign maintenance orders - Civil judgments - Conclusion. Notes.
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