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MIAMI A
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LSDefine
Simple English definitions for legal terms
doctrine of obligation
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A quick definition of doctrine of obligation:
The doctrine of obligation is a rule in English law that says if a court in another country has decided that someone owes money to another person, that decision becomes a legal obligation that can be enforced in England. The person who owes the money has to prove why they shouldn't have to pay it. This rule was made in a court case called Russell v. Smyth in 1842.
A more thorough explanation:
The doctrine of obligation is a legal rule in English law that states if a foreign court with the authority to make a decision has ruled that one person owes another person a certain amount of money, then that debt becomes legally enforceable in the domestic court system. This means that the person who owes the money must pay it, and if they do not, the person who is owed the money can take legal action to collect it.
For example, if a court in France rules that a British citizen owes a French citizen €10,000, the British citizen is legally obligated to pay that amount. If the French citizen wants to collect the debt in England, they can use the doctrine of obligation to enforce the French court's ruling.
Once the person who is owed the money proves the foreign court's judgment, the burden of proof shifts to the person who owes the money to show why they should not have to pay it.