RIGHTS OF THE PARTIES IN INTERNATIONAL CIVIL LAWSUIT
RIGHTS OF THE PARTIES IN INTERNATIONAL CIVIL LAWSUIT

Summary/Abstract: Free access to justice is established as being a fundamental principle of organizing of any democratic judicial system, with important meanings in the civil procedure law. Foreign citizens benefit in front of the Romanian courts, during international civil trials, of exemptions and tax attenuations and other procedural expenses, as well as free of charge judicial assistance, to the same extent and under the same conditions as the Romanian citizens under the mutual understanding with the citizenship or residence government of the applicant. According to Article 1083 of the Civil Procedure Code, the processual capacity of each of the parties in the trial is governed by its national law, and the processual situation of stateless is governed by the Romanian law. Means of proof for proving a legal act and probative force of an ascertaining document are those nominated in the convention the parties agreed upon, if the law where the document was filed allows this liberty. If the parties don’t use this criteria, it is applicable the law of the place where the judicial document has been concluded. Probation of the facts is submitted to the place where they took place of have been done.

• Details
• Contents