DownPillow, Inc., a U.S. company, and Eiderhoff, a German Company, negotiate a contract with forum and choice of law clauses for the U.S. A dispute arises, the case is heard in the U.S., and a judgment is given to DownPillow. DownPillow wants to enforce this judgment in Germany. According to the above scenario, w hich of the following statements is true?

Question

Quizplus · Accepted Answer

Germany will allow the entire judgment to be enforced if Eiderhoff received notice, it does not violate German law, and the U.S. reciprocates with German judgments. This is because Germany is a signatory to the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters, which requires the country to recognize and enforce judgments made in other signatory countries, as long as certain conditions are met. One of these conditions is that the defendant must have received notice of the proceedings, and the judgment must not be contra bonos mores (against public policy) in Germany. Additionally, the U.S. and Germany have a reciprocal recognition and enforcement agreement. Option A is incorrect because Germany does recognize U.S. judgments, and option B is not a valid scenario.