17. Domiciliul şi reşedinţa obişnuită în dreptul internaţional privat. Competenţa internaţională exclusivă. Recunoaşterea unei hotărâri străine. Necitarea pârâtului la dezbaterea fondului de către instanţa străină
17. Domicile and habitual residence in private international law. Exclusive international jurisdiction. Recognition of a foreign judgment. Failure of the foreign court to summon the defendant to the hearing on the merits

Summary/Abstract: The exclusive jurisdiction of the Romanian courts cannot be held to be based on the domicile of the parties in Romania, which is recorded in the identity cards of both parties, as they have been permanent residents in the U.S. since 2016, carrying out economic activities there and enrolling their child in school in that State. The High Court also held that it is sufficient for a foreign judgment to be recognised that the defendant who failed to appear at the hearing must have been served with the application and the conditions for exercising his rights in the course of those proceedings in good time, and that it is not necessary for him to be summoned to the hearing of the case on the merits or to show that he had an effective opportunity to appeal against the judgment whose recognition is sought, the defendant bearing the consequences of not having taken a procedural position in accordance with the specific conditions of the State in which the judgment was delivered.

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