Legal Definition and Related Resources of Exequatur
Meaning of Exequatur
(Lat.) In French Law. A Latin word which was, in the ancient practice, placed at the bottom of a judgment emanating from another tribunal, and was a permission and authority to the officer to execute it within the jurisdiction of the judge who put it below the judgment. We have something of the same kind in our practice. When a warrant for the arrest of a criminal is issued by a justice of the peace of one county, and he flies into another, a justice of the latter county may indorse the warrant, and then the ministerial officer may execute it in such county. This is called “backing” a warrant. In International Law, A declaration made by the executive of a government near to which a consul has been nominated and appointed, after such nomination and appointment has been notified, addressed to the people, in which is recited the appointment of the foreign state, and that the executive, having approved of the consul as such, commands all the citizens to receive, countenance, and, as there may be occasion, favorably assist the consul in the exercise of his place, giving and allowing him all the privileges; immunities, and advantages thereto belonging. 3 Chit. Com. Law, 56; 3 Maule & S. 290; 5 Pardessus, note 1445.
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| Exequatur in the Dictionary | Exequatur in our legal dictionaries | Browse the Legal Thesaurus | Find synonyms and related words of Exequatur |
| Legal Maxims | Maxims are established principles that jurists use as interpretive tools, invoked more frequently in international law |
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| Related topics | Exequatur in the World Encyclopedia of Law |
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This definition of Exequatur is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.
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Exequatur in Diplomatic Law
Exequatur
A document issued to a consul by the host country government authorizing him to carry out his consular duties.
Exequatur in Maritime Law
Note: There is more information on maritime/admiralty law here.
The following is a definition of Exequatur, produced by Tetley, in the context of admiralty law: A formality required by French civil law in order for a foreign judgment to be recognized and enforced in France. Exequatur proceedings are taken before the “Tribunal de grande instance” of the defendant’s domicile, in most cases. See Tetley, Int’l C. of L., 1994 at pp. 844-847; Tetley, M.L.C., 2 Ed., 1998 at p. 1156.
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See Also
Further Reading
- Satow’s Diplomatic Practice, Ivor Roberts
- Modern Diplomacy, R.P. Barnston
English Legal System: Exequatur
In the context of the English law, A Dictionary of Law provides the following legal concept of Exequatur :
A certificate issued by a host state that admits and accords recognition to the official status of a *consul, authorizing him to carry out consular functions in that country. The sending state grants the consular official a commission or patent, which authorizes the consul to represent his state’s interests within the host state.
The certificate of acceptance by a host state extended to another state’s consul.
The certificate of acceptance by a host state extended to another state’s consul.
Concept of “Exequatur”
Traditional meaning of exequatur in English (with some legal use of this latin concept in England and the United States in the XIX Century) [1]: (in Latin) An order for the home department of a government to recognize a consul or commercial agent of a foreign nation.
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Notes and References
- Based on A Concise Law Dictionary of Words, Phrases and Maxims, “Exequatur”, Boston: Little, Brown, and Company, 1911, United States. It is also called the Stimson’s Law dictionary. This term and/or definition may be absolete.
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Meaning of Exequatur in the Past
A declaration made by the executive of a government (see more about this popular legal topic in the U.S. encyclopedia) near to which a consul has been nominated and appointed, after such nomination and appointment has been notified, addressed to the people, in which is recited the appointment of the foreign state and that the executive having approved of the consul as such, commands all the citizens to receive, countenance, and, as there may be occasion, favorably assist the consul in the exercise of his place, giving and allowing him all the privileges, immunities and advantages, tto this belonging. 3 Chit. Com. Law, 56; 3 Maule & Selw. 290; 5 Pardes. 1445. [1]
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Notes and References
- Partialy, this information about exequatur is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including exequatur.
See Also
Exequatur in Admiralty Law
For information on exequatur in this context, see the entry on exequatur in the maritime law encyclopedia.
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