COMPETENŢA EXCEPŢIONALĂ A FORULUI DE NECESITATE. INCIDENŢA ART. 1070 C. PR. CIV.
THE EXCEPTIONAL POWER OF FORUM NECESSITATIS. APPLICABILITY OF ART. 1070 OF THE CODE OF CIVIL PROCEDURE

Summary/Abstract: The forum of necessity is an exceptional and residual jurisdiction, and as for the impossibility to seize a foreign jurisdiction, it can be a factual one (state of war) or a legal one (absence of a rule of jurisdiction applicable in the country with which the legal situation presented is connected). This residual jurisdiction acts as a safeguard to cover unforeseen situations for the purpose of denial of justice, excluding those situations known to the parties when the jurisdiction clause was assumed or which could have been known with reasonable diligence. If, however, it cannot be proved that the requirements of Article 1070 CPC are met, i.e. that it is not possible to bring an application abroad or that it cannot reasonably be expected to be brought abroad, so as to exclude the provisions of Article 25 of Regulation (EU) No 1215/2012, the jurisdiction of the forum of necessity is excluded.

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