Competenţa internaţională de drept comun a instanţelor române în reglementarea noului Cod de procedură civilă
General International Jurisdiction of the Romanian Courts according to the New Civil Procedure Code

Summary/Abstract: General international jurisdiction of the Romanian courts is a consequence of the existence of any of the following elements in Romania: domicile or habitual residence of the respondent natural person, main headquarters, secondary headquarters or stock in trade of the respondent legal person. Although para. 1 of Article 1.066 of the New Civil Procedure Code provides for a hierarchy between these elements, in actuality, the purpose of the legal provision was to ensure a wide international jurisdiction of the Romanian courts, regardless of which of the elements mentioned is located in Romania. Consequently, Romanian courts have jurisdiction both in the case when the respondent is domiciled or has the main headquarters in Romania and in the case when these elements are located abroad, but the respondent has the habitual residence (for natural persons) or a secondary headquarters or the stock in trade (for legal persons) in Romania. The research at hand analyses the content of the criteria which imply the general international jurisdiction of the Romanian courts.

• Details
• Contents