4. Cerere de recunoaştere a unei hotărâri străine. Neîndeplinirea condiţiilor prevăzute de art. 167 din Legea nr. 105/1992. Consecinţe
4. Request for the recognition of a foreign decision. Failure to observe the requirements under art. 167 of Law no. 105/1992. Consequences

Summary/Abstract: According to the provisions in art. 167(1)(c) of Law no. 105/1992, decisions concerning other suits than the ones related to the civil as stipulated in art. 166 may be recognised in Romania, so as to benefit from the power of res judicata, if there is mutuality in terms of the effects of foreign decisions between Romania and the ruling court state. A court order passed by the Canadian state concerning the financial obligations of the claimant, who is bankrupt, does not fall under the category of foreign decisions rightfully recognised in Romania, as it does not concern the civil standing of the citizen of the state where it has been passed, so that the mutuality of the effects of such a decision between Romania and the Canadian state where the decision has been passed may not be retained. In so far as the compliance with the requirements in art. 167(2) of Law no. 105/1992 is concerned, the invoked aspects suppose the concrete review of the documents issued by the competent Canadian legal bodies, in order to observe the nature of the decision passed, the need to summon the parties in the procedure and the means of appeal applicable against the decisions, according to the Canadian procedure, aspects that trigger the repeal with referral.

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