From Foreign Law to Lex Fori: The Challenge of Recognition of International Judgments

Abstract This paper examines the recognition of foreign court judgments within the framework of private international law and civil procedure in Albania. It analyzes the legal rules governing judicial proceedings involving foreign elements, with particular attention to the principles of territoriality, lex fori , and reciprocity, which guide Albanian courts in the application of foreign law. In accordance with international civil procedure, proceedings are regulated by the law of the forum state, while Albanian courts are required to respect the content of foreign law unless it conflicts with the Albanian legal order. The recognition of foreign judgments is essential to ensure their legal effectiveness and to prevent procedural and substantive legal complications. In Albania, this process is regulated by Chapter IX of the Civil Procedure Code, which establishes specific conditions for recognition. A foreign judgment must be final, must not conflict with prior Albanian judicial decisions, and must comply with fundamental principles of due process, including proper notification of the parties and respect for public order. Recognition does not convert foreign law into Albanian law; rather, it renders the foreign judgment enforceable and grants it legal effect within the Albanian legal system. This process ensures the authority of res judicata and guarantees equal rights for the parties involved. Additionally, the paper examines the different forms of recognition, the role of the Court of Appeals, the importance of reciprocity, and the use of evidentiary mechanisms in recognition proceedings. This analysis provides a comprehensive overview of the applicable legal procedures and judicial practices related to the recognition of foreign judgments, contributing to the consistent and fair application of private international law in Albania.