Stabilirea competenţei teritoriale a instanţei în cererile formulate de un profesionist împotriva unui consumator

Drd. Ana-Maria DIMOFTE

Facultatea de Drept, Universitatea din Bucureşti

Jud. Elena DOBRIŢOIU

Judecătoria Sectorului 4 Bucureşti

Jurisdiction of the court in proceedings brought by a trader against a consumer

Abstract: In disputes between a professional, as plaintiff, and a consumer, as defendant, the rules of international and territorial jurisdiction establish, in most cases, the jurisdiction of the courts of the defendant's domicile. These rules are of public policy, establishing exclusive jurisdiction, and are designed to protect the weaker party in the legal relationship. This study will examine a number of cases in which, although the rules of jurisdiction establish the jurisdiction of the court for the domicile of the defendant - the consumer - the latter is in fact located at another address or is unknown. Thus, the problem of determining which court has territorial...