Originally from Enforcement of Money Judgments

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I. PRESENT ATTITUDE TOWARD ENFORCEMENT OF FOREIGN MONEY JUDGMENTS

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

The courts of the Democratic Republic of Congo are bound by statute to recognize and enforce a foreign judgment if: (1) it is not contrary to the public order; (2) it is final and dispositive of the claim under the law of the country in which judgment was rendered; (3) according to the law of the country in which it was rendered, the copy of the original judgment meets all legal conditions for authenticity; (4) jurisdiction of the court rendering the judgment is not premised solely on the nationality of the defendant. The courts are, therefore, receptive to the enforcement of a foreign judgment if it meets these criteria.

B. Briefly describe recent illustrative attempts, whether successful or unsuccessful, to enforce a foreign money judgment in your country, particularly with regard to enforcement of any judgments from United States courts.

There is little or no modern jurisprudence on this issue as the courts of the country do not have an organized reporting system. Thus, there is really little way of verifying what attempts have been made to enforce foreign money judgments and what success they have met with. Nevertheless, the law is quite clear that the courts must enforce foreign money judgments that meet the five criteria described above.

C. Describe any proposed legislation or other governmental action in your country that could significantly affect the enforcement of foreign money judgments.

There is no known legislation or governmental action proposed or in progress concerning the enforcement of foreign money judgments.