Maintenance obligations

Romania

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Romania

Article 71 1. (a) - Courts for application for a declaration of enforceability and courts for appeal against decisions on such applications

Competence to decide on an application for a declaration of enforceability (exequatur) lies with the tribunal with jurisdiction over the usual place of residence of the party against whom enforcement is sought or over the place of enforcement (Article 95 and Article 1098 of Law No 134/2010 on the Code of Civil Procedure).

A decision on an application for a declaration of enforceability (exequatur) may be appealed. Competence to decide on an appeal against a decision on an application for a declaration of enforceability (exequatur) lies with the court of appeal (Article 96 of Law No 134/2010 on the Code of Civil Procedure).

Article 71 1. (b) - Redress procedure

A decision given on appeal (apel) may be contested by a review on a point of law (recurs) (Article 97(1) of Law No 134/2010 on the Code of Civil Procedure). A review on a point of law comes under the competence of the High Court of Cassation and Justice (Înaltei Curţi de Casaţie şi Justiţie):

Str. Batiştei, nr. 25, sector 2, cod poştal 020934, Bucharest

Telephone: 004021-310.39.08, 004021-310.39.09, 004 021-310.39.12.

Website: http://www.scj.ro.

Article 71 1. (c) - Review procedure

According to Article 19, for a review procedure (procedura de reexaminare):

The court with competence is that which issued the decision, typically a district court or tribunal.

In accordance with Article 505(1) of Law No 134/2010 on the Code of Civil Procedure, an action for annulment is lodged with the court whose judgment is being contested.

In accordance with Article 510(1) of Law No 134/2010 on the Code of Civil Procedure, an action for review is lodged with the court that issued the final decision with regard to which an application for review has been lodged.

Article 71 1. (d) - Central Authorities

Ministry of Justice

Directorate for International Law and Judicial Cooperation

str. Apolodor nr. 17

Sector 5, Bucharest

cod 050741

tel. 0040372041077

fax 0040372041079, 0040372041084

email: ddit@just.ro or dreptinternational@just.ro

Article 71 1. (f) – Competent authorities for enforcement

The authority with competence for enforcement is the court in whose jurisdiction the debtor's place of residence or the place of enforcement is located.

Article 71 1. (g) - Accepted languages for translations of documents

Romanian

Article 71 1. (h) - Languages accepted by Central Authorities for communication with other Central Authorities

In addition to Romanian, the Ministry of Justice accepts the use of English and French for communication with other central authorities within the European Union.

Last update: 11/04/2016

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