Cerere de recunoaştere a unei hotărâri străine. Neîndeplinirea condiţiilor prevăzute de art. 167 din Legea nr. 105/1992. Consecinţe

Request for the recognition of a foreign decision. Failure to observe the requirements under art. 167 of Law no. 105/1992. Consequences

- Legea nr. 105/1992: art. 165 alin. (2), art. 166 teza I, art. 167 alin. (2)

- Codul de procedură civilă din 1865: art. 304 pct. 5, art. 314

Abstract

According to the provisions in art. 167(1)(c) of Law no. 105/1992, decisions concerning other suits than the ones related to the civil as stipulated in art. 166 may be recognised in Romania, so as to benefit from the power of res judicata, if there is mutuality in terms of the effects of foreign decisions between Romania and the ruling court state.

A court order passed by the Canadian state concerning the financial obligations of the claimant, who is bankrupt, does not fall under the category of foreign decisions rightfully recognised in Romania, as it does not concern the civil...