THE IMPLICATIONS OF THE HEALTH CRISIS IN THE APPLICATION OF PRESCRIPTION TIME LIMITS FOR THE EXECUTION OF FOREIGN DECISIONS Cover Image

LES IMPLICATIONS DE LA CRISE SANITAIRE EN L'APPLICATION DES DÉLAIS DE PRESCRIPTION EN MATIÈRE DE L'EXÉCUTION DES DÉCISIONS ÉTRANGÈRES
THE IMPLICATIONS OF THE HEALTH CRISIS IN THE APPLICATION OF PRESCRIPTION TIME LIMITS FOR THE EXECUTION OF FOREIGN DECISIONS

Author(s): Adrian Circa
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Health and medicine and law, EU-Legislation
Published by: Universul Juridic
Keywords: Covid-19; private international law; foreign decisions; European decisions; prescription of the forced execution of judgments;

Summary/Abstract: The New Romanian Code of Civil Procedure only refers to the fact that the prescription of the right to obtain enforcement shall be imposed on the foreign judgement, as well. We will understand that the domestic law has the opportunity to govern the issue under examination, except that the solution upheld by the Romanian lawmaker may cause difficulties to the beneficiary of the foreign judgment. In this respect, we examined different factual assumptions through the rules of the private international law. We considered that the solution may be better adjusted so that it could take into consideration the parties’ needs, but also to ensure their legal security.

  • Issue Year: 2021
  • Issue No: supliment
  • Page Range: 28-44
  • Page Count: 17
  • Language: French