2. Cerere de exequatur. Condiții de admisibilitate din perspectiva dispozițiilor art. 165 din Legea nr. 105/1992
2. Exequatur claim. Admissibility conditions in terms of the provisions of art. 165 of Law no. 105/1992

Summary/Abstract: The title of the deed requested to be recognized in the exequatur procedure is not capable of changing its nature, and the provisions of art. 165 of Law no. 105/1992 shall not limit the access to this procedure only for those deeds called “decisions” by the issuing authority, rather, on the contrary, shall open the way for all the deeds within the jurisdiction, either emanating from the courts of law, from the notary’s offices or from other relevant authorities according to the domestic legal order of each state. As such, the order issued during the forced execution period by a judge who carries on his activity within a foreign court has the appearance of a jurisdictional deed and consequently, has the nature of the “foreign judgment” for the purpose of the provisions of art. 165 of Law no. 105/1992. This appearance of compliance of the order with the provisions of art. 165 of Law no. 105/1992 could be rebutted, in order to prove that an order issued in its execution stage cannot be deemed as a jurisdictional deed within the meaning of the same legal text, by using the procedure of information over the foreign law (of the legislation certificates), within which the opinion of the relevant authority of the foreign state may be obtained in relation to the legal nature of the order brought into question.

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