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    Borthwick v. Castro Nouvion v. Freeman

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    Meg Sembrano
    This document discusses two legal cases regarding foreign judgments. Borthwick v. Castro established that a foreign judgment is only presumptive evidence of a right between parties, and rejection can be justified by showing the issuing authority lacked jurisdiction. Nouvion v. Freeman found that foreign judgments will be recognized if they establish a debt or obligation exists, but will not be enforced if the foreign tribunal declares the debt or obligation does not exist.

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    Borthwick v. Castro Nouvion v. Freeman

    Uploaded by

    Meg Sembrano
    200 views2 pages
    This document discusses two legal cases regarding foreign judgments. Borthwick v. Castro established that a foreign judgment is only presumptive evidence of a right between parties, and rejection can be justified by showing the issuing authority lacked jurisdiction. Nouvion v. Freeman found that foreign judgments will be recognized if they establish a debt or obligation exists, but will not be enforced if the foreign tribunal declares the debt or obligation does not exist.

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    This document discusses two legal cases regarding foreign judgments. Borthwick v. Castro established that a foreign judgment is only presumptive evidence of a right between parties, and rejection can be justified by showing the issuing authority lacked jurisdiction. Nouvion v. Freeman found that foreign judgments will be recognized if they establish a debt or obligation exists, but will not be enforced if the foreign tribunal declares the debt or obligation does not exist.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    200 views2 pages

    Borthwick v. Castro Nouvion v. Freeman

    Uploaded by

    Meg Sembrano
    This document discusses two legal cases regarding foreign judgments. Borthwick v. Castro established that a foreign judgment is only presumptive evidence of a right between parties, and rejection can be justified by showing the issuing authority lacked jurisdiction. Nouvion v. Freeman found that foreign judgments will be recognized if they establish a debt or obligation exists, but will not be enforced if the foreign tribunal declares the debt or obligation does not exist.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 2

    Borthwick v.

    Castro (152 SCRA 229)


    A foreign judgment against a person is
    merely presumptive evidence of a right
    as between the parties, and rejection
    thereof may be justified by
    evidence of a want of jurisdiction of
    the issuing authority.

    Nouvion v. Freeman 59 L.J. Ch. 337


    (1889)
    Foreign judgment will be given credit if it
    has established the existence of the
    debt or obligation.
    Foreign judgment will not be enforced if
    the foreign tribunal declares the
    nonexistence of the debt or obligation.

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