Exequatur Procedure in Romania
International lawyer in Romania. Exequatur procedure in Romania
The exequatur procedure in Romania is a judicial process aimed at recognizing foreign criminal judgments or other judicial acts, and especially at ensuring the enforcement of judgments in Romania, even if they were issued by a court from another state. The recognition of a foreign criminal judgment, as well as the enforcement of judgments in Romania or in other states different from the issuing state, seeks to maintain international balance. In addition to the conditions required to enforce foreign judgment in Romania, the procedure also depends on the relationships between the involved states and the applicable international treaties.
In Romania, the legal framework for the recognition of foreign criminal judgments is established by the Code of Criminal Procedure, which is complemented by the provisions of the Code of Civil Procedure regarding the recognition and enforcement of judgments in Romania. These include the conditions for recognizing a foreign criminal judgment, grounds for refusing recognition, the competent court, or aspects related to the merits of the case, the summoning of parties, or prescription.
In practice, under the exequatur procedure in Romania, the court only verifies whether the formal conditions of a foreign judgment are met so that it can be declared an enforceable judgment in Romania, without re-examining the case or altering the judgment in any way. The european enforcement order in Romania facilitates the enforcement of judgments in Romania, ensuring that foreign decisions are recognized and executed efficiently within the country.
The Romanian Law Firm Pavel, Mărgărit & Associates recommends seeking the services of an international lawyer in Romania or an international attorney in Romania to assist with the preparation of the necessary documentation, including drafting the statement of claim, attaching supporting documents, and ensuring the translation of required documents. The firm collaborates with top experts in various fields, including authorized translators, offering comprehensive legal assistance for proper and efficient procedures. Our expertise also extends to asset recovery in Romania, debt recovery in Romania, and enforcement litigation in Romania.
Enforcement lawyer in Romania. Enforce foreign judgment in Romania
The exequatur procedure in Romania is initiated by filing a statement of claim with the court in whose jurisdiction the domicile or, where applicable, the registered office of the public institution that refused to recognize the foreign judgment is located. Regardless of the method chosen to enforce foreign judgment in Romania, certain essential conditions must be met; otherwise, the enforcement of judgments in Romania cannot be authorized. The european enforcement order in Romania streamlines the enforcement of judgments in Romania, allowing foreign judgments to be recognized and executed under the same conditions as domestic rulings.
Firstly, the foreign judgment must have been issued by a competent court or a competent judicial authority. The judgment must not contravene public policy in Romania, must be capable of producing legal effects in the country according to Romanian criminal law, and must be final. A statement of claim regarding the exequatur procedure in Romania, as per the new Code of Civil Procedure, or the recognition of a foreign criminal judgment must be accompanied by the original foreign judgment, bearing an apostille or super-legalization, along with a certified copy, proof of its final nature, and evidence of the delivery of the summons and the document initiating the proceedings to the absent party in the foreign court.
To ensure the proper completion of the exequatur procedure in Romania or the recognition of a foreign criminal judgment, it is crucial that the documents for which the enforcement of judgments in Romania is requested are translated into Romanian by a translator authorized by the Ministry of Justice and legalized by a public notary. Seeking assistance from an international lawyer in Romania, an international attorney in Romania, or an enforcement lawyer in Romania is highly recommended to ensure compliance with all procedural requirements. Legal experts can also assist with enforcement litigation in Romania, debt recovery in Romania, and asset recovery in Romania, ensuring efficient and accurate legal support throughout the process.
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International attorney in Romania. Asset recovery in Romania
Once a foreign judgment is recognized in Romania through the exequatur procedure in Romania, it becomes an enforceable judgment in Romania, serving as the legal basis for the final judgment to produce its effects. However, the enforceable judgment in Romania cannot be obtained if the foreign judgment is not enforceable in its state of origin. The exequatur procedure in Romania only grants it binding effect on Romanian territory.
Collaborating with an international lawyer in Romania or an enforcement lawyer in Romania is a crucial step, as they are well-informed about all legislative regulations concerning the recognition of foreign judgments. They provide support in drafting and submitting the statement of claim. Additionally, an international attorney in Romania can professionally represent your interests and present arguments before the court to maximize the chances of obtaining a favorable decision.
The Romanian Law Firm Pavel, Mărgărit & Associates offers high-standard legal services across various practice areas, including those related to the exequatur procedure in Romania. Our team demonstrates an in-depth understanding of the regulations concerning the recognition of foreign criminal judgments or other judicial acts, providing clear and effective legal solutions to all clients seeking the assistance of an international lawyer in Romania or an enforcement lawyer in Romania. Their expertise also extends to areas such as asset recovery in Romania, debt recovery in Romania, and enforcement litigation in Romania.
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