PROCEDURA EXEQUATUR
THE EXEQUATUR PROCEDURE
Author(s): Ana-Maria NicolcescuSubject(s): Civil Law, EU-Legislation
Published by: EDITURA ,,ACADEMICA BRÂNCUȘI”
Keywords: foreign judgment; procedure; exequatur; recognition; application for enforcement;
Summary/Abstract: In common language, the exequatur procedure refers to both the recognition of a foreign judgment and the executory force, given that in ECRIS application at main and secondary object is found only “exequatur (the recognition of foreign documents and judgments)”, but from the content of the articles 1095 - 1108 Code of Civil Procedure and the title of the articles it results that the legislator understood to distinguish between these stages. Even if the Chapter II of Title III details the exequatur procedure, it is not mandatory to reach the issuance of the executory title in each situation, considering that the executory power is attached to the decision, under the regulations analyzed in this study, but also other international provisions.
Journal: ANALELE UNIVERSITĂȚII ,,CONSTANTIN BRÂNCUȘI” DIN TÂRGU JIU - SERIA ȘTIINȚE JURIDICE
- Issue Year: 2021
- Issue No: 4
- Page Range: 49-60
- Page Count: 12
- Language: English, Romanian
