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Recunoaşterea hotărârilor străine pronunţate în materia dreptului familiei
Recognition of foreign judgments in family law

Author(s): Anca-Magda Voiculescu, Flavius George Păncescu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: international civil proceedings; judicial cooperation; foreign judgment; effectiveness of foreign judgment; family law;

Summary/Abstract: Often overlooked, the procedure for recognizing foreign judgments proves its importance in the most varied aspects of daily life. Despite the fact that, in the context of judicial cooperation, the main issue concerning foreign judgments is related to approval of their enforcement, in matters of family and marital status, the acquisition of the power of res judicata through the recognition procedure is sufficient purpose in most cases. Convinced of this importance, the authors of this study examined the main aspects of the recognition procedure in the field of family law. In this approach, starting from the solutions of case law – some well established, others controversial –, as well as from a legislation that is to be found in a great variety and number of nominative acts, the authors reached a theoretical systematization of this procedure, with elements of terminology, sources, conditions of substance and form, procedure, etc., as well as proposals of lege ferenda.

  • Issue Year: 2021
  • Issue No: 1
  • Page Range: 465-510
  • Page Count: 46
  • Language: Romanian