Originally from Enforcement of Money Judgments

Preview Page

I. PRESENT ATTITUDE TOWARD ENFORCEMENT OF FOREIGN MONEY JUDGMENTS

A. Describe the receptiveness of your government (including courts) toward enforcement of foreign money judgments.

Because of Tunisian growing economy, the decision of the government to promote foreign investment and the Free Trade Agreement concluded with the European Union, enforcement of foreign money judgments became more and more easy, provided the legal requirements describe below are fulfilled.

Because of Tunisia’s continually growing business relations with foreign countries, the question often asked is whether the beneficiary of a judgment pronounced outside Tunisian territory can be enforced against a resident. The matter was governed by the provisions of the Code of Civil and Commercial Laws (better known by its French acronym C.P.C.C.). With the promulgation of the Code of Private International Law, the matter is now governed by such code. Article 11 of the code states that “exequatur (enforcement of a foreign judgment is not granted to judicial foreign decisions if:

(a) the matter is of exclusive jurisdiction of Tunisian courts;

(b) Tunisian courts have already rendered a final decision on the same mertii, between the same parties ad for the same cause;

(c) The foreign decision is contrary to Tunisian public policy, under the principle of Tunisian International law, or has been rendered following a procedure which has not respected the defence rights;

(d) The foreign decision has been canceled or its enforcement suspended, pursuant to the legislation of the country where it has been rendered or is not enforceable in the country where it has been rendered;

(e) The State where the judgment or the decision has been rendered has not respected the reciprocity rule.