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RECUNOAȘTEREA ȘI EXECUTAREA ÎN ROMÂNIA A HOTĂRÂRILOR JUDECĂTOREȘTI STRĂINE.
- Source :
- Dreptul; 2024, Issue 4, p31-46, 16p
- Publication Year :
- 2024
-
Abstract
- In this study, the authors show that, starting from the end of the 19th century and the beginning of the 20th century, the necessity for assistance, as well as for international judicial cooperation became a significant one, a fact that was determined by a series of endogenous and exogenous factors. Thus, the economic factor was the most important tool for persuading the states of the world regarding mutual recognition and the easy execution of judgments pronounced in a state, but which must produce at least one part of the effects in another state, so that the exercise of the rights and the execution of the obligations of the parties established by the court of law had to find a „fertile ground" for mutual implementation of effects. Likewise, the necessity to avoid the loss of precious time, the avoidance of unnecessary costs of re-trial in several successive states, in relation to the constant fluctuations of the domiciles of the litigating parties, the imperative of avoiding some judgments that are substantially different in terms of specifics and effects, the desideratum to remove the situation of concurrence of jurisdictions, etc. were among the most significant factors in driving the establishment of an integrated and coherent mechanism for the recognition and mutual execution of judgments pronounced in different regions of the globe and being part of various supranational structures, as well as of international cooperation mechanisms. There could hardly have been a discussion about the concepts of development and diversification of world trade, without the entrepreneurs involved in international trade acts or the natural persons interconnected through a set of civil legal relationships having the certainty that, once they enter into a contractual connection with entities and persons from third countries, the settlement solutions of these disputes, pronounced in one state, could be quickly enforced, under the conditions of an international normative framework and under conditions of reciprocity, in any other state where they find their domicile or the headquarters or where the debtors of the conventional obligations carry out their main activity. The legal factor, determined by the necessity to remove impediments of legal origin in the recognition and execution of foreign judgments, has represented another factor of conceptual union, which made possible the adoption of international cooperation mechanisms in civil matters, in disputes with professionals, in the field of labour or criminal disputes, as well as in the area of consumer legislation. [ABSTRACT FROM AUTHOR]
Details
- Language :
- Romanian
- ISSN :
- 10180435
- Issue :
- 4
- Database :
- Complementary Index
- Journal :
- Dreptul
- Publication Type :
- Academic Journal
- Accession number :
- 177023776