TRANSMISSION OF JUDICIAL DOCUMENTS ABROAD
Due to the multitude of legal relationships involving parties domiciled in different countries, it has been necessary to regulate the way in which summonses and procedural documents are to be transmitted in the event of disputes. Thus, in order to create the appropriate means for judicial and extraj...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2021-05-01
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| Series: | Challenges of the Knowledge Society |
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| Online Access: | http://cks.univnt.ro/download/cks_2021_articles%252F2_private_law%252FCKS_2021_PRIVATE_LAW_005.pdf |
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| author | Georgiana COMAN |
| author_facet | Georgiana COMAN |
| author_sort | Georgiana COMAN |
| collection | DOAJ |
| description | Due to the multitude of legal relationships involving parties domiciled in different countries, it has been necessary to regulate the way in which summonses and procedural documents are to be transmitted in the event of disputes. Thus, in order to create the appropriate means for judicial and extrajudicial documents to be served or transmitted abroad to reach their addressees in a timely manner, at global and, later, european level, regulations and conventions have been adopted that established the way of transmitting the procedural documents to the party domiciled in a country other than the one in which the trial takes place. There are also express provisions in this regard at national level in the Code of Civil Procedure. All these steps were necessary to respect the right to free movement of persons, and procedurally, to respect the principle of adversarial proceedings and the right of defense of the parties. It is necessary to analyze the situation of summoning the parties and transmitting to them the procedural documents, in a civil litigation (in its broad sense), pending before the Romanian courts, in which at least one of the parties has established its domicile abroad, in view of the Regulation (EC) No 1393/2007 and the 1965 Hague Convention. |
| format | Article |
| id | doaj-art-20d9d46c331641bda4df7af472b1c6cc |
| institution | Kabale University |
| issn | 2068-7796 |
| language | English |
| publishDate | 2021-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-20d9d46c331641bda4df7af472b1c6cc2024-12-02T08:10:14ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962021-05-01141160164TRANSMISSION OF JUDICIAL DOCUMENTS ABROADGeorgiana COMAN0PhD Candidate, Faculty of Law, ”Nicolae Titulescu” University of Bucharest (e-mail: georgiana_mail@yahoo.com)Due to the multitude of legal relationships involving parties domiciled in different countries, it has been necessary to regulate the way in which summonses and procedural documents are to be transmitted in the event of disputes. Thus, in order to create the appropriate means for judicial and extrajudicial documents to be served or transmitted abroad to reach their addressees in a timely manner, at global and, later, european level, regulations and conventions have been adopted that established the way of transmitting the procedural documents to the party domiciled in a country other than the one in which the trial takes place. There are also express provisions in this regard at national level in the Code of Civil Procedure. All these steps were necessary to respect the right to free movement of persons, and procedurally, to respect the principle of adversarial proceedings and the right of defense of the parties. It is necessary to analyze the situation of summoning the parties and transmitting to them the procedural documents, in a civil litigation (in its broad sense), pending before the Romanian courts, in which at least one of the parties has established its domicile abroad, in view of the Regulation (EC) No 1393/2007 and the 1965 Hague Convention.http://cks.univnt.ro/download/cks_2021_articles%252F2_private_law%252FCKS_2021_PRIVATE_LAW_005.pdfabroadtransmissionregulation (ec) no. 1393/2007judicialdocuments |
| spellingShingle | Georgiana COMAN TRANSMISSION OF JUDICIAL DOCUMENTS ABROAD Challenges of the Knowledge Society abroad transmission regulation (ec) no. 1393/2007 judicial documents |
| title | TRANSMISSION OF JUDICIAL DOCUMENTS ABROAD |
| title_full | TRANSMISSION OF JUDICIAL DOCUMENTS ABROAD |
| title_fullStr | TRANSMISSION OF JUDICIAL DOCUMENTS ABROAD |
| title_full_unstemmed | TRANSMISSION OF JUDICIAL DOCUMENTS ABROAD |
| title_short | TRANSMISSION OF JUDICIAL DOCUMENTS ABROAD |
| title_sort | transmission of judicial documents abroad |
| topic | abroad transmission regulation (ec) no. 1393/2007 judicial documents |
| url | http://cks.univnt.ro/download/cks_2021_articles%252F2_private_law%252FCKS_2021_PRIVATE_LAW_005.pdf |
| work_keys_str_mv | AT georgianacoman transmissionofjudicialdocumentsabroad |