Recunoasterea si executarea in Romania a hotararilor straine in materie matrimoniala si in materia raspunderii parintesti
Recognition and Enforcement in Romania of Foreign Judgments in Matrimonial Matters and the Matters of Parental Responsibility

Summary/Abstract: Regulation No. 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility has the objective to facilitate the legal treatment applicable to judgments given in European Union member states, thus instituting the principle according to which such judgments are recognized and may produce effects by way of enforcement, within the territory of any solicited member state, other than the state of origin of the said judgment. The regulation subjected to the present examination represents an instrument conceived for achieving a constant and effective judicial cooperation in matrimonial matters and in the matters of parental responsibility around Europe, between the member states’ authorities, with the scope of overcoming any obstacles deriving from the incompatibilities of different legal systems. The present study is meant to examine, both in theory, as well as from the perspective of more practical implications, the provisions of Regulation No. 2201/2003, in the scope of identifying the main conditions and procedures necessary for the recognition and enforcement in Romania of foreign judgments given in matrimonial matters and the matters of parental responsibility, as well as the special cases that lead to the refusal of recognition by national courts of justice. The research is being substantiated on the particular characteristics of the said judgments, by examining the consequences and legal and personal effects caused to the parties involved in such litigations.

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