3. Cerere de recunoaștere a unei hotărâri străine. Neîndeplinirea condițiilor prevăzute de art. 167 din Legea nr. 105/1992. Consecințe
3. Application for recognition of a foreign judgment. Non-fulfilment of the requirements provided by art. 167 of Law no. 105/1992. Consequences

Summary/Abstract: In compliance with the provisions of art. 167 paragraph (1) letter c) of Law no. 105/1992, the judgments regarding other proceedings than those related to the civil status and provided by art. 166 may be recognized in Romania as well, so that they could benefit from the force of res judicata, if there is mutuality as regards the effects of foreign judgments between Romania and the state of the court having given the respective judgment. A court order given by the Canadian state, which relates to the financial obligations of the claimant, an entity which is bankrupt, does not form part of the category of the foreign judgments recognized as of right in Romania, as it does not refer to the civil status of the citizen of the state where it was ruled, so that the mutuality of the effects of such a judgment cannot be sustained between Romania and the Canadian State where the respective judgment was given. As regards the fulfilment of the requirements provided by art. 167 paragraph (2) of Law no. 105/1992, the invoked issues involve the concrete examination of the documents issued by the Canadian relevant judicial bodies in order to notice the nature of the judgment delivered, the need for summoning the parties in the proceedings and the remedy which may be brought against judgments according to the Canadian procedure, and these issues lead to the reversal and remanding for retrial.

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