Article 36

1. Introduction and legislative history. - 2. The concept of ‘recognition’ (Art 36(1)). - A. Recognition distinguished from enforceability. - B. Evidentiary and factual effects of judgments. - C. Partial recognition. - D. The automatic character of recognition. - E. Automatic recognition as a cornerstone of the Brussels I regime. - 3. The scope of a judgment’s authority and effectiveness. - A. The effects of judgments under national law. - B. The law applicable to the effectiveness of a judgment: the doctrine of extension. - C. The doctrine of extension in practice. - D. Effects to be determined under a law other than the law of the state of origin. - E. Criticisms of the doctrine of extension. - F. The emergence of competing doctrines. - 4. Self-standing declaratory proceedings (Art 36(2)). - A. The relief sought. - B. Situations where an interest may exist for bringing declaratory proceedings. - C. The object of declaratory proceedings. - D. The issue of jurisdiction and the effect of res judicata on decisions under Art 36(2). - E. Procedural issues. - 5. Recognition as an incidental question (Art 36(3)). - A. The relationship between the incidental and the main issues. - B. Incidental issues falling outside the scope of the Regulation. - C. The object of determinations made in respect of an incidental question. - D. Procedural issues. - E. The res judicata effect of judgments in dependent proceedings