Recognition and enforcement of foreign court judgements
Enforcement attorney in Romania. Foreign judgements in Romania
Recognition of foreign judgements in Romania is a procedure regulated by national and international legislation that allows a judgement issued by a court in another state to be recognized and, if applicable, enforced on Romanian territory. The procedure for recognizing a foreign sentence in Romania aims to maintain international balance. In addition to the conditions necessary for the recognition of foreign judgements in Romania, the procedure also depends on the relations between the states involved and the applicable international treaties.
In Romania, the legal framework for recognizing foreign judgements is represented by the code of civil procedure in Romania, which sets out the necessary conditions for recognizing a foreign sentence in Romania, the grounds for refusal of recognition, the competent court, or aspects regarding the substance of the case, the summoning of parties, or prescription.
The Romanian Law Firm Pavel Mărgărit and Associates recommends consulting a civil lawyer in Romania or a judgement enforcement attorney in Romania to assist with the preparation of documentation, including drafting the recognition request, attaching supporting documents, and providing assistance with the translation of required documents. The Romanian Law Firm Pavel Mărgărit and Associates collaborates with top experts in various fields, including authorized translators, offering complete legal assistance services to ensure the procedures are correct and efficient for cases involving forced execution in Romania.
Civil lawyer in Romania. Definitive sentence in Romania
For a judgement to benefit from the authority of res judicata in Romania, several conditions must be met. The first and most important condition refers to the fact that the judgement must be a definitive sentence in Romania. This requirement, consisting of a definitive sentence, is assessed according to the law of the state where it was issued. Additionally, for the procedure of recognizing foreign judgements in Romania, the code of civil procedure in Romania establishes conditions regarding the jurisdiction of the court that issued a definitive sentence in Romania and the existence of reciprocity concerning the effects of foreign judgements in Romania between Romania and the state of the court that issued the judgement.
However, meeting these conditions does not guarantee that the recognition of foreign judgements in Romania will occur, as recognition may be refused if the judgement is contrary to public order, if the case was resolved between the same parties through a decision, even if not definitive, by Romanian courts or is pending before them at the time the foreign court was seized, if Romanian courts had exclusive jurisdiction over the case, if the right to defense was violated, or if the judgement is still subject to appeal in the state where it was issued.
Collaborating with a civil lawyer in Romania or a judgement enforcement attorney in Romania ensures compliance with deadlines and the submission of complete documentation while avoiding procedural errors regarding the interpretation of texts in the matter of recognizing foreign judgements included in the code of civil procedure in Romania. Moreover, an enforcement lawyer in Romania has extensive expertise in the field, gained from personal experience and consulting jurisprudence on foreign judgements in Romania, which is why resorting to legal assistance services ensures efficient management of the procedure.
The court competent to rule on the recognition request is the tribunal in whose jurisdiction the domicile or, as the case may be, the headquarters of the person who refused the recognition of the foreign judgement is located. If jurisdiction cannot be determined, it is assigned to the Bucharest Tribunal. Along with the recognition request, the following documents must be submitted to the court: a copy of the foreign sentence in Romania, proof of its definitive nature, a copy of the summons delivery proof and the initiating act, or any other documents proving that the conditions for recognition are met. The documents must be accompanied by authorized translations and, if necessary, legalized.Jurisprudence on foreign judgements in Romania highlights that a fee, referred to as a tax for foreign judgement recognition in Romania, must be paid in accordance with the applicable legal provisions.
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Enforcement lawyer in Romania. Forced execution in Romania
An important aspect regarding the effects of filing a request for the recognition of foreign judgements in Romania is that it interrupts the prescription of the right to obtain forced execution in Romania. Although a definitive sentence in Romania is obtained for this purpose, cases in which it is not voluntarily enforced are quite common in practice. Therefore, recourse to forced execution in Romania is possible if the judgement constitutes an enforceable title. To initiate the enforcement, a request for approval must be submitted, which is resolved through a decision. Based on this definitive sentence in Romania, an enforceable title is issued, in compliance with Romanian law provisions. This enforceable title must also mention the approval judgement.
A judgement enforcement attorney in Romania can assist you throughout the procedure of recognizing foreign judgements in Romania, implementing them, and filing an enforcement contestation if necessary. They can provide detailed explanations regarding procedural deadlines, recognition conditions, and the tax for foreign judgement recognition in Romania, while also consulting jurisprudence on foreign judgements in Romania to substantiate the arguments presented before the court.
The Romanian Law Firm Pavel Mărgărit and Associates offers high-standard professional legal services in various practice areas, including those concerning the recognition of foreign judgements in Romania, the tax for foreign judgement recognition in Romania, and forced execution in Romania. Our team demonstrates a comprehensive understanding of both domestic and international procedural regulations, providing clear and efficient legal solutions to all clients seeking the services of a civil lawyer in Romania.
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