Legal Definitions - comitas

Comitas is a Latin term meaning "courtesy." In a legal context, it refers to the principle of comity.

Comity describes the mutual respect, deference, and courtesy shown by courts or governments of different jurisdictions to each other's laws, judicial decisions, and institutions. It is not a strict legal obligation that can be enforced, but rather a matter of policy, good will, and expediency aimed at fostering cooperation, promoting harmony, and avoiding conflicts between legal systems. Courts often apply comity to recognize and give effect to the laws and judgments of other jurisdictions, provided those laws and judgments are not contrary to their own public policy or fundamental principles of justice.

Here are some examples illustrating the principle of comity:

• International Recognition of Judgments: Imagine a software company based in the United States wins a significant monetary judgment against a client located in Brazil in a U.S. federal court. If the U.S. company needs to collect assets from the Brazilian client within Brazil, it would typically seek to have the U.S. judgment recognized and enforced by a Brazilian court. While there might not be a specific treaty requiring this, the Brazilian court, acting out of comity, would likely review the U.S. judgment and, if it finds the U.S. proceedings were fair and the judgment doesn't violate Brazilian public policy, it would recognize and enforce it. This demonstrates mutual respect for the judicial processes of another sovereign nation.

• State-to-State Enforcement of Protective Orders: Consider a situation where a person obtains a domestic violence protective order against an abuser from a court in Texas. If the protected person then moves to New York, they would want that protective order to remain effective. New York courts, out of comity (and often supported by specific statutes like the Full Faith and Credit Clause of the U.S. Constitution, which codifies the principle for states), would recognize and enforce the Texas protective order without requiring the person to go through the entire legal process again in New York. This ensures continuity of protection and respect for the judicial authority of a sister state.

• Deference in Regulatory Approvals: A pharmaceutical company develops a new drug that undergoes extensive clinical trials and receives full approval from the European Medicines Agency (EMA), a highly respected regulatory body. When the company seeks approval for the same drug from Health Canada, the Canadian regulatory authority, Health Canada might, out of comity, give significant weight and consideration to the EMA's rigorous review process and findings. While Health Canada will conduct its own assessment, it may leverage the EMA's work to streamline its own review, recognizing the expertise and high standards of another reputable regulatory body. This avoids unnecessary duplication and fosters international cooperation in public health regulation.