Limitation period for obtaining enforcement in Romania of
a court judgment originating from another European Union member state – brief considerations Cover Image
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Prescripţia dreptului de a obţine executarea silită în România a unei hotărâri judecătoreşti provenind dintr-un alt stat membru al Uniunii Europene – scurte consideraţii
Limitation period for obtaining enforcement in Romania of a court judgment originating from another European Union member state – brief considerations

Author(s): Elena-Alina Oprea
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: Regulation No. 44/2001; Regulation No. 1215/2012; foreign judgment; recognition and enforcement; execution; time limitation; applicable law;

Summary/Abstract: Even if nowadays the circulation of judgements in the European area is highly facilitated, eventual time limitations of the right to obtain enforcement may disturb the expectations of non diligent creditors. Given the disparities between the national legislations regarding, for example, the length of the prescription terms, the way in which they are calculated or the causes for their suspension or interruption, the determination of the applicable law presents an undeniable practical interest. The article scrutinizes the various possible solutions – the application of lex obligations, lex originis or lex loci executionis – trying to justify the pertinence of the last one.

  • Issue Year: 2025
  • Issue No: 03
  • Page Range: 297-315
  • Page Count: 19
  • Language: Romanian
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