ABSTRACT
In Belgium, a distinction must be made between the rules governing the enforcement and recognition of foreign judicial decisions in the absence of any international treaty and those included in international treaties purporting to facilitate any such enforcement or recognition. This chapter outlines the principles applicable to the enforcement of a Belgian court decision in Belgium. A foreign court decision will be granted some authority of evidence without being first subject to a control as regards its regularity. This, however, does not imply any recognition of the situation as it was determined or noticed by the foreign court. In the absence of any treaty with the state of origin, reference must be made to the procedure laid down by Article 570 of the Judicial Code. The Five Conditions of Article 570 are: public policy; the right of defence; jurisdiction of the foreign court; final decision; and authentic copy.
