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The Civil International Trials in Romania

What are the rights of foreign citizens in an international lawsuit according to the legal provisions in Romania?

Foreign natural and legal persons own the same procedural rights and obligations as Romanian citizens or legal persons before the Romanian courts.

Foreign citizens benefit from relief and tax cuts and other expenses of proceedings, as well as legal aid, to the same extent and under the same conditions as Romanian citizens, under the condition of reciprocity with the State of citizenship or domicile of the applicant.

Moreover, under the condition of reciprocity, the complainant, a foreign citizen or legal person of foreign nationality, can not be held liable to submit bail or any other warranty on grounds that he is a foreign citizen or has no place of residence in Romania.

Regarding foreign citizen who are incapacitated or with limited exercise capacity, in case their representation or assistance was not insured according to his/her national law, and because of this the judgment is delayed, the court will be able to provisionally name a special curator.

The legal capacity of each of the parties in the process is governed by their national law, while the stateless person's legal capacity is governed by the Romanian law. The above provisions apply equally to stateless persons without requiring compliance with the condition of reciprocity.

What is the law that governs procedural matters in an international lawsuit?

In the international civil lawsuits, the court applies the Romanian procedural law.

However, since the existence of differences in the legislation is natural and comes from the dynamic nature of the legal system of each state, the classification of issues as procedural or substantive law is done according to Romanian law, subject to legal institutions that have no correspondent in the Romanian law.

Regarding the standing of the parties to bring proceedings, this, together with the object and cause of action, shall be established according to the law governing the substance of the legal relationship brought to trial.

Which law regulates the means of evidence that are admissable in international civil proceedings?

Private international law aims for the law to cover all the situations that may arise regarding probation in the case of an international civil process.

The means of evidence that can be used in order to prove a legal act and the probative force of documents are those provided by the law agreed by the parties, in the situation that the law of the place in which the conclusion of the act took place allows so. Otherwise, the applicable law will become the law of the place where the legal act was concluded.

Similarly, the probation of facts is subject to the law of the place where they occurred or have been committed. However, in this case it is possible to apply the more favorable. This being said, the applicable law becomes the Romanian law if it allows other means of proof than the law determined in accordance to the previous paragraphs.

The administration of evidence in international civil proceedings is governed by the Romanian law.

Romanian law also applies if it accepts witness testimony and assumptions of the judge, even in situations where such means of evidence are not admissible according to the foreign law declared applicable.

It is possible to use public documents issued by foreign authorities in international civil proceedings?

Public documents prepared or certified by a foreign authority or by a foreign public official may be produced before the Romanian courts only if they are superlegalized in the State of origin and then by the diplomatic mission or the Romanian consular office certifying the authenticity of signatures and the seals applied onto them.

For more information regarding the international civil proceedings, do not hesitate to contact the lawyers within the Darie, Manea & associates law firm, who will guarantee their clients competent legal advice, as well as represantion before all the competent authorities.

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