ISBN: 978-606-28-1006-1
DOI: 10.5682/9786062810061
Publisher year: 2019
Edition: I
Pages: 256
Publisher: Editura Universitara
Author: Andreea-Lorena Codreanu
By approaching the topic of this paper we wanted a harmonization between the practice and theory of legal and procedural provisions in the field of applicable law in international civil proceedings and international jurisdiction of courts, provisions that result in increasingly effective solutions, as European norms and conventions are experiencing increasing complexity.
The paper thus constituted a detailed doctoral research, through which we aimed to synthesize some of the problems raised by the elements of foreignness encountered in the international civil process. The challenge of studying this topic was not only the multitude of normative acts encountered, the selection of the most representative and the understanding of the ambiguous way in which they sometimes interfere, but also the fact that the novelty of the subject is still present both in doctrine and in the translation of European courts. and international in Romanian. Advice with legal professionals was thus necessary, because the principle "experience is optimal rerum magistra" - "experience is in all things the best teacher" should always be a principle respected when it comes to new things, given that the experience of others can support the audacity to study them.
Applicable Law in International Civil Proceedings and International Jurisdiction of Courts
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INTRODUCTION / 13
CHAPTER 1. JURISDICTION OF THE COURTS - GENERAL REFERENCES / 23
1.1 BRIEF PRESENTATION OF THE NOTION OF JURISDICTION OF THE COURTS / 23
1.2 RULES OF JURISDICTION OF THE COURTS - IMPORTANCE AND CLASSIFICATION / 24
1.2.1 GENERAL AND JURISDICTIONAL COMPETENCE / 24
1.2.2 MATERIAL COMPETENCE / 26
1.2.3 TERRITORIAL COMPETENCE / 31
1.3 JURISDICTIONAL JURISDICTION OF EXTERNAL COURTS / 34
1.4 DEFINITION OF THE JURISDICTION OF COURTS BY OTHER BODIES WITH JURISDICTIONAL ACTIVITY / 45
1.4.1 BOUNDARIES OF THE JURISDICTION OF THE COURTS OF JURISDICTION OF THE ADMINISTRATIVE BODIES AND OF THE CONSTITUTIONAL COURT / 45
1.4.2 BOUNDARIES OF THE JURISDICTION OF THE JURISDICTION OF THE COMMISSION FOR THE PROTECTION OF THE CHILD / 46
1.4.3 BOUNDARIES OF THE JURISDICTION OF THE COURTS OF THE JURISDICTION OF THE PUBLIC NOTARY IN PRONUNCIATION OF THE DIVORCE / 48
1.4.4 BOUNDARIES OF THE JURISDICTION OF THE COURTS OF THE PUBLIC NOTARY'S JURISDICTION IN SOLVING SUCCESSIONAL CASES / 55
1.4.5 BOUNDARIES OF THE JURISDICTION OF COURTS BY OTHER BODIES IN THE FIELD OF INTELLECTUAL PROPERTY / 57
1.5 PROCEDURAL INCIDENTS REGARDING THE REFERRED COURT / 64
1.6 CONCLUSIONS / 67
CHAPTER 2. INTERNATIONAL JURISDICTION OF THE ROMANIAN COURTS / 70
2.1 SCOPE AND VERIFICATION OF INTERNATIONAL COMPETENCE / 70
2.1.1 SCOPE OF PROVISIONS CONCERNING INTERNATIONAL CIVIL PROCESS / 71
2.1.2 VERIFICATION OF THE INTERNATIONAL COMPETENCE OF THE ROMANIAN COURTS / 73
2.1.3 DETERMINATION OF THE JURISDICTION OF THE COURTS ACCORDING TO THE CRITERION OF HOME / 79
2.2 CHOICE OF FORUM IN HERITAGE MATTERS AND CONVENTION FOR CHOOSING FORUM / 85
2.2.1 ELECTION OF THE FORUM IN PROCEEDINGS WITH FOREIGN ELEMENTS / 85
2.2.2 ARBITRATION EXCEPTION / 87
2.3 INTERNATIONAL LITISPENDENCE, INTERNATIONAL CONNECTION AND THE FORUM OF NEED / 89
2.3.1 INTERNATIONAL DISPUTE / 89
2.3.2 INTERNATIONAL CONNECTION / 94
2.3.3 FORM OF NECESSITY AND EXCLUSIVE PERSONAL COMPETENCE / 5
2.4 EXCLUSIVE INTERNATIONAL COMPETENCE IN HERITAGE ACTIONS / 99
2.5 CONCLUSIONS / 114
CHAPTER 3. APPLICABLE LAW IN INTERNATIONAL CIVIL PROCESS AND CORRELATIONS WITH OTHER LAW SYSTEMS / 116
3.1 CAPACITY AND RIGHTS OF THE PARTIES IN PROCEEDINGS / 116
3.2 APPLICABLE LAW IN PROCEDURAL MATTERS / 120
3.3 REGULATIONS REGARDING CROSS-BORDER SUCCESSIONS / 127
3.4 PROVISIONS CONCERNING MARRIAGES WITH FOREIGN ELEMENTS / 131
3.5 ASPECTS REGARDING MARRIAGE REGIMES / 135
3.6 PROCEDURAL QUALITY AND ADVERTISING FORMALITIES / 141
3.7 OFFICIAL PUBLIC ACTS PREPARED BY FOREIGN AUTHORITIES / 148
3.8 CONCLUSIONS / 152
CHAPTER 4. RECOGNITION OF FOREIGN DECISIONS ON THE TERRITORY OF ROMANIA - THEORETICAL ASPECTS AND PRACTICAL CASES / 156
4.1 RECOGNITION OF FOREIGN DECISIONS BY THE ROMANIAN AUTHORITIES, WHICH SOLVE CIVIL CASES OR PREPARE AUTHENTIC ACTS BASED ON THESE DECISIONS / 156
4.2 THE EFFECT OF THE JUDGMENT DECIDED IN ROMANIA ON THE TERRITORY OF OTHER STATES / 164
4.3 APPLICABLE LAW ON MAINTENANCE OBLIGATIONS / 167
4.4 APPLICABLE LAW IN CASES OF PARENTAL RESPONSIBILITY / 169
4.5 APPLICABLE LAW ON JUDICIAL SHARING AND CONTRACTUAL AND NON-CONTRACTUAL OBLIGATIONS / 178
4.6 APPLICABLE LAW ON SUCCESSION / 186
4.7 CONCLUSIONS / 193
CHAPTER 5. EXECUTION OF FOREIGN DECISIONS / 198
5.1 EXECUTIVE CHARACTER OF THE FOREIGN DECISIONS / 198
5.2 PROBING FORCE OF FOREIGN DECISIONS AND EUROPEAN ENFORCEMENT TITLE / 204
5.3 MINIMUM STANDARDS DEVELOPED FOR IMPROVING ACCESS TO JUSTICE IN CROSS-BORDER DISPUTES (DIRECTIVE No.2003 / 8 / EC) / 210
5.4 NOTIFICATION AND COMMUNICATION IN THE U.E. MEMBER STATES OF JUDICIAL AND EXTRAJUDICIAL ACTS IN CIVIL AND COMMERCIAL MATTERS (BY PRISM OF EC REGULATION NO.
5.5 COOPERATION BETWEEN THE COURTS OF THE U.E. MEMBER STATES IN THE FIELD OF OBTAINING EVIDENCE IN CIVIL AND COMMERCIAL MATTERS (EC REGULATION NO. 1206/2001) / 218
5.6 CONCLUSIONS / 226
CONCLUSIONS AND PROPOSALS / 229
BIBLIOGRAPHY / 244
LIST OF ABBREVIATIONS / 256
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