Tracking orders Individuals / Sales:0745 200 718 / 0745 200 357 Orders Legal entities: 0721 722 783

Editura Universitara Applicable Law in International Civil Proceedings and International Jurisdiction of Courts - Andreea-Lorena Codreanu

-7%
40,00 Lei 37,20 Lei

ISBN: 978-606-28-1006-1

DOI: 10.5682/9786062810061

Publisher year: 2019

Edition: I

Pages: 256

Publisher: Editura Universitara

Author: Andreea-Lorena Codreanu

In stock
Stock limit
Add to cart
Product Code: 9786062810061 Do you need help? 0745 200 718 / 0745 200 357
Add to wishlist Request information
  • Description
  • Download (1)
  • Authors
  • Content
  • More details
  • Where to find it
  • Reviews (0)

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

    Download
Andreea-Lorena Codreanu is a professional with over 10 years of experience in the field of notary law, complemented by teaching and scientific activity. He had the opportunity to work with some of the best specialists in the field of notarial law and practice. Following the participation in numerous conferences and scientific meetings, especially with topics of international law and notarial law, the author has written several materials and articles, published in specialized publications.

He graduated from the Faculty of Law of the Titu Maiorescu University of Bucharest. He continued his studies with two master's programs, one in Community Law and one in Business Law. He obtained the title of doctor of law with the thesis that bears the same title as the present paper. The book is intended to be both a challenge for practitioners in international civil procedural law, and a useful start for a future study of judicial cases with foreign elements.

 

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




 


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. In this sense, the effort to cover important aspects related to the personal and professional life of the beneficiaries of the legislation in the field was supported by the analysis of some practical cases regarding the competence of the courts and which, through the foreign elements they contain, raises the degree of difficulty. in solution. Here intervene the rules of applicability of the law, which, however, not infrequently, require the knowledge and interpretation of the norms of other states. The ultimate goal is to ensure a fair trial, ensured by exercising the international jurisdiction of the courts, with the help of comparative law. Of course, like any work, this one is perfectible. In fact, since we can say '' beatus, qui prodest, quibus potest '' ('' happy is the one who becomes useful through the help given ''), a natural and useful continuation of this book would consist in an accentuated study regarding to the practical part of the topic I chose as a doctoral thesis. On this occasion, I would like to thank in particular my family, whose moral support made possible the elaboration of this book, the teachers who advised me, as well as the legal specialists who shared their professional experience with me and who, during research, they became my friends and mentors. I assure them of my full consideration and thank them for their sincere support in this long but interesting journey, called research.

www.editurauniversitara.ro

If you want to express your opinion about this product you can add a review.

The review was sent successfully.

Customer Support Monday - Friday, between 8.00 - 16.00

0745 200 718 0745 200 357 comenzi@editurauniversitara.ro

Compara produse

You must add at least one product to compare products.

Was added to wishlist!

Was removed from wishlist!