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Carmen-Tamara UNGUREANU: The application of European regulations in private law. Jurisdictional competence and legislative competence

Abstract: In case of a Private International Law dispute, first of all, it has to be determined the competent court to solve it. If the dispute concerns the EU space the competent court is indicated by European Regulations. There are two basic Regulations on jurisdiction: Regulation no. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I) and Regulation no. 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (Brussels II). If the seised court considers itself competent, the dispute has to be solved. In order to solve it the court has to determine, first, the applicable law. If the dispute is within the field of application of an European Regulation, the court will apply the appropriate conflict-of-law rule which will indicate the applicable law. There are two basic Regulations on applicable law: Regulation no. 593/2008 on the law applicable to contractual obligations (Rome I) and Regulation no. 864/2007 on the law applicable to non-contractual obligations (Rome II).       After the conflict-of-law rule indicates the applicable law, the court will solve the dispute applying the Romanian Civil Procedure Law. In order to communicate procedural documents, the court will use the dispositions of the Regulation no. 1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents). If the applicable law is a foreign law, the court will establish its content using the provisions of the art. 27-28 from the Romanian Law no. 189/2003 on international judicial assistance in civil and commercial matters. As for the evidence the court will use the Regulation no. 1206/2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.

Keywords: jurisdiction, conflict-of-law rules, European Regulation, applicable law


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