Cerere de încuviinţare a executării silite a unei hotărâri străine. Cale de atac

Writ of execution of a foreign judgment. Remedy at law

Abstract

The exequatur procedure is an act of jurisdiction of the court for which it is necessary to proceed through two stages: the acknowledgement of the foreign judgment and the enforcement of the foreign judgment, and these two steps may be undertaken either in a single legal process, under which both the acknowledgement of the authority of the foreign judgment is requested, and the granting of the enforcement of that judgment, or by two distinct claims filed to the national courts.

The existence of those two stages does not involve the application of certain distinct procedures, respectively in the matter of enforcement for granting such a forced execution, if these two steps are separately exercised, considering that the exequatur procedure is unique, so that the judgment is unique, as resulting from art. 174 para. (2), referring to the...