Folosirea ca mijloc de probă a actelor oficiale străine în procesul civil
The use of foreign official documents as evidence in civil proceedings
Author(s): Ioan-Luca Vlad, Ioana-Laura TomaSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: civil procedural law; private international law; international civil procedure; authentic documents; apostille; super-legalisation; the international flow of documents.
Summary/Abstract: This article aims to explain and systematize the rules on the use of foreign official documents as evidence in the Romanian civil proceedings. For this purpose, we shall first define the concept of foreign official document, with all its ramifications, and we shall explain the reasons that determined the need to recognize foreign official documents as evidence. The second part of the article is dedicated to foreign court judgments which, in terms of importance, are the most important foreign official documents, including a wide variety of useful evidence in Romanian civil proceedings. We shall analyse the quality of foreign court judgments on evidence, and the relationship thereof with the recognition process, as well as the limits of this quality. In the third part, dedicated to the other foreign official documents, we shall present the law applicable to evidence in civil proceedings with cross-border elements, on the one hand, and the formalities to be fulfilled for a foreign official document to gain probative force in Romania, on the other hand.
Journal: Revista Română de Drept Privat
- Issue Year: 2014
- Issue No: 06
- Page Range: 199-222
- Page Count: 26
- Language: Romanian
- Content File-PDF