Time Limitations Affecting Foreign Judgments

The issue of time limitations affecting foreign judgments is addressed in re-markably different ways in comparative private international law. The primary reason is that enforcing States define the subject matter of limitations differently: they can focus on the foreign judgment itself, but also on the obligation vindicated before the foreign court, the exequatur judgment, or an autonomous obligation arising out of the foreign judgment in the forum. Additional layers of complexity are that rules of limitation can be characterised either as procedural or substantive in nature, and that foreign judgments losing enforceability should not be enforced. Finally, the issue arises as to whether this diversity is an impediment to the free circulation of judgments within the European Union, which should be remedied by some form of harmonisation