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DE HB104

Bill

Status

Passed

6/28/2011

Primary Sponsor

Edward Bennett

Click for details

Origin

House of Representatives

146th General Assembly

AI Summary

  • Renames Chapter 48 of Title 10 from "Uniform Foreign Money-Judgments Recognition Act" to "Uniform Foreign-Country Money Judgments Recognition Act" to align with uniform law standards.

  • Establishes that Delaware courts shall recognize foreign-country money judgments that are final and enforceable in their home jurisdiction, except for tax judgments, fines, penalties, and domestic relations matters.

  • Creates mandatory grounds for non-recognition including: judgments from systems lacking impartial tribunals, lack of personal or subject matter jurisdiction, and improper notice to the defendant.

  • Allows discretionary non-recognition based on fraud, conflicts with public policy, contradicting judgments, violations of dispute resolution agreements, and concerns about judicial integrity.

  • Sets a 15-year statute of limitations for actions to recognize foreign-country judgments and establishes that recognized judgments have the same conclusive effect and enforceability as Delaware state court judgments.

Legislative Description

An Act To Amend Title 10 Of The Delaware Code Relating To The Uniform Recognition Of Foreign-country Money Judgments.

Last Action

Signed by Governor

6/28/2011

Committee Referrals

Judiciary6/2/2011
Judiciary5/5/2011

Full Bill Text

No bill text available