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新南非成立后 ,同其他国家的民商事交往日益增加。在国际民商事交往过程中必然会产生大量的民商事纠纷 ,在运用司法手段解决纠纷的情况下 ,不可避免地会出现对外国法院判决的承认和执行问题。对外国法院判决的承认和执行具有重要意义 ,它直接决定着当事人权益的实现与否。南非法深受普通法和大陆法的影响 ,最终成为典型的“混合法” ,因此南非法院对外国法院判决承认和执行的理论基础也是含混不清的。目前南非法院对外国法院判决内容的是非不再进行详细审查。不过 ,外国法院判决要在南非得到承认和执行 ,首先必须符合三个条件 :1 .作出判决的外国法院具有管辖权 ;2 .该判决的承认和执行不得违反南非的自然公正原则 ;3.该判决不得与南非的《商业保护法》相冲突
After the founding of New South Africa, the exchanges with the civil and commercial affairs of other countries have been increasing. There will inevitably be a lot of disputes between civil and commercial affairs in the process of international civil and commercial exchanges. In the case of using judicial means to resolve disputes, the recognition and enforcement of judgments of foreign courts will inevitably occur. Recognition and enforcement of foreign court judgments is of great significance, which directly determines whether the parties’ rights and interests are realized or not. South African law was deeply influenced by common law and civil law and eventually became a typical hybrid law. Therefore, the theoretical basis of the recognition and enforcement of foreign court judgments by South African courts is also ambiguous. At present, South African courts do not conduct detailed scrutiny on foreign court decisions. However, the foreign court’s decision to be recognized and enforced in South Africa must first meet three conditions: 1. The foreign court that makes the decision has jurisdiction; 2. The recognition and enforcement of the judgment must not violate the principle of natural justice in South Africa; The judgment must not conflict with South Africa’s Commercial Protection Law