Cerere de exequatur. Condiţii de admisibilitate din perspectiva dispoziţiilor art. 165 din Legea nr. 105/1992

Exequatur claim. Admissibility conditions in terms of the provisions of art. 165 of Law no. 105/1992

Abstract

The title of the deed requested to be recognized in the exequatur procedure is not capable of changing its nature, and the provisions of art. 165 of Law no. 105/1992 shall not limit the access to this procedure only for those deeds called "decisions" by the issuing authority, rather, on the contrary, shall open the way for all the deeds within the jurisdiction, either emanating from the courts of law, from the notary’s offices or from other relevant authorities according to the domestic legal order of each state.

As such, the order issued during the forced execution period by a judge who carries on his activity within a foreign court has the appearance of a jurisdictional deed and consequently, has the nature of the "foreign judgment" for the purpose of the provisions of...