7. Recunoașterea unei hotărâri străine prin care s-a încuviințat adopția unui minor cetățean român. Instanța competentă teritorial potrivit dispozițiilor noului Cod de procedură civilă
7. Recognition of a foreign judgment according to which the adoption of a minor child of Romanian citizenship was approved. Territorial jurisdiction of the court according to the provisions of the new Code of civil procedure
Author(s): Melania Isabela DănescuSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: recognition of foreign adoption judgment; exclusion under Regulation 2201/2003; residence‑based competence; effects of foreign court orders;
Summary/Abstract: In order to determine the jurisdiction of the court in case of the claim for recognition of the effects of the court order delivered by the Court for minors in Florence (Italy), under which the application was admitted for the adoption of the minor of Romanian citizenship, by an Italian citizen, the provisions of common law shall be incidental, respectively art. 1.098 paragraph (1) of the NCCP, according to which “the claim of recognition is settled on principal by the court within the jurisdiction of the residence or, as the case may be, of the office of the person who refused to recognize the foreign judgment”, (EC) Regulation no. 2201/2003 not being applicable, according to the express exemption set forth in art. 1 paragraph (3) letter b) of the judgment on adoption.
Journal: Revista Română de Jurisprudenţă
- Issue Year: 2014
- Issue No: 05
- Page Range: 44-47
- Page Count: 4
- Language: Romanian
- Content File-PDF
