Normally, a court ruling given in a State and recognized in Romania through the means of the "exequatur" procedure, must be carried out voluntarily by the person against whom it was pronounced.
However, in case the person who has the obligation to carry out the judgment fails to do so, the interested party may request the Romanian court to grant the execution of such a decision.
Thus we can say that the "exequatur" procedure represents a preliminary procedure in the process of enforcement of foreign judgments in Romania, procedure that can be triggered if these decisions are not carried out voluntarily by those obliged to execute them.
The request for a declaration of enforceability shall be settled by decision after summoning the parties. The enforcement order if issued on the basis of the final declaration of enforceability.
Just like in the case of the recognition of foreign judgments in Romania, the enforcement of foreign judgments is governed by the provisions of the New Civil Code.
Foreign judgments which are not accomplished voluntarily by those obliged to execute them can be enforced in Romania, based on the decision of approval, at the request of the interested party, by the court in whose district the enforcement is to be carried out.
However, there are some categories of decisions that can not be enforced in Romania, namely foreign judgments though which precautionary measures had been taken and judgements ruled with provisional enforcement.
Yes. The provisions of the New Civil Code establish that the enforcement of the foreign judgment is acquiesces when the following conditions occur:
▪ the decision is enforceable under the law of the state whose court pronounced it;
▪ the decision is final under the law of the State where it was pronounced;
▪ the court that pronounced it had jurisdiction to try the process without being based solely on the presence of the defendant or his/her property not directly related to the litigation in the State of establishment of that jurisdiction;
▪ there is reciprocity in terms of the effects of foreign judgments between Romania and the State of the court which pronounced that decision.
The grounds for refusing the enforcement of a foreign judgment are the same as the reasons for refusing to recognize such a judgment.
It is useful to know that the request for a declaration of enforceability must be accompanied by proof of the enforceability of the foreign judgment issued by the court that delivered it.
Through the decision of approval of the enforceability of the foreign judgement which rules the payment of a sum in foreign currency, the court will also rule the conversion into the national currency at the exchange rate of the day when the judgment became enforceable in the State where it was issued. Until the date of the conversion, the interest produced by the sum set out in the foreign judgement is governed by the law of the court which ruled it.
Foreign judgments pronounced by the competent court benefit from probative force regarding the findings contained therein, if it complies with the requirements necessary to its authenticity according to the law of the State which pronounced it.
However, the findings of the court do not benefit from probative value if they are manifestly incompatible with the public order of Private International Law.
Proof against the facts found by the foreign court may be made through any means.
The lawyers within the law firm Darie, Manea & Associates have extensive experience in the area of forced execution of judgments, as well as the recognition and enforcement of foreign judgments in Romania.
Thus, our team ensures that it provides complete and accurate information, offering its customers the best solutions, as well as representation before the judicial authorities.
Once you obtain a declaration of enforceability of a foreign judgement, the enforcement can start only at the request of the creditor. This being said, our lawyers will consign the request for the enforcement in your name, with the competent officer of the court.
The officer of the court will proceed to file the application and begin the enforcement proceedings, identifying the assets of the debtor.
Alongside the with legal representative from Darie, Manea & Associates, the creditor shall indicate the goods in regards to which he/she wants the enforcement to take place, the attorney then proceeding to verify these assets (e.g. commercial shares, houses, buildings, cars etc. ).
For more details on the procedure of the enforcement of foreign judgments in Romania, do not hesitate to contact the team of lawyers within the law firm Darie, Manea & Associates.