The amendment of measures issued in a foreign judgment: a pending question (AP Cantabria, February 11, 2020)

Abstract

The amendment of judgments handed down in foreign countries is an issue that has not yet been definitively resolved by our Courts. There are two troubling questions that are repeated over time. The first one is the requirement or not of exequatur prior to the amendment of the foreign judgment. The second problem is the lack of application of the rules of international jurisdiction and their replacement by rules of domestic jurisdiction. This Order shows another confusing variable, pointing out that international jurisdiction to modify a judgment belongs to the judge who recognized the full effectiveness of the foreign divorce resolution, that is, the judge who pronounced the exequatur.