HCCJ. Recognition of a foreign judgment on adoption of Romanian child. The competent court

High Court of Cassation and Justice has ruled that the application for recognition in Romania of a judgment given by the Court for minors in Florence (Italy), ordering approve adoption of the minor, Romanian citizen by an Italian, while the EC Regulation no. 2201/2003 is not applicable according to exemption as expressly provided in the judgment on adoption, is subject to the common law and art. 1098 par. (1) NCCP. According to these provisions, the application for recognition it is solved in principal way by the court in the district where he is domiciled or, if applicable, the headquarter who refused to recognize the foreign judgment, in the present case the Court Buzau, due to a refusal to recognize the decision by City Hall of Râmnicu Sarat – Local Community Public Service for Persons Record. (Decision no. 1950 of June 17, 2014 issued in Appeal by Civil Section I of the High Court of Cassation and Justice covering recognition of foreign judgment on adoption)

:: The source: JURIDICE.ro

Ingrid-Andra BUSUIOC

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