Firmness, a prerequirement for the recognition of a foreign resolution: in the line of order no. 258/2020 of the Provincial Court of Alicante

Abstract

The purpose of this commentary is to analyze the Order of the Provincial Court of Alicante, by virtue of which the appeal filed by the defendant against the lower court’s Order declaring the exequatur of an Ecuadorian divorce judgment was dismissed.The ground relied on by the appellant and rejected by the Provincial Court was the lack of firmness of the original judgment. The firmness of a foreign judgment, which is a prerequirement for its recognition, must be established by the parties in accordance with the provisions of the law of the State of origin.