Private International Law
Private international law governs legal relationships involving a foreign element—that is, situations in which a conflict of laws, jurisdictions, or authorities arises because the parties involved belong to different states.
What services do we offer in the field of private international law?
It is an essential field in a globalized world, where individuals and legal entities interact across borders. This field deals with: determining the law applicable to a legal relationship involving a foreign element; the jurisdiction of courts in international disputes; the recognition and enforcement of foreign judgments; the legal status of individuals in an international context (marriage, divorce, inheritance, etc.); and conflicts between rules from different legal systems.
Assistance in international litigation
Determination of the competent court in cross-border cases. Correct application of conflict-of-laws rules. Representation in cases involving divorce, succession, or international contracts.
Recognition and enforcement of foreign judgments
Legal advice on the recognition in Romania of a foreign judgment (e.g., a divorce decree or a commercial decision). Assistance in exequatur...read more proceedings. Filing objections or challenges to recognition.
Legal advice on international marriages, divorces, and property division
Determination of the law applicable to marriage or divorce based on citizenship, domicile, or residence. Drafting and validation of prenuptial agreements in...read more an international context. Division of jointly owned property acquired in multiple jurisdictions.
International successions
Legal assistance for heirs residing outside Romania. Advice on the European Certificate of Succession.
International civil and commercial contracts
Drafting and negotiation of contracts with foreign parties. Choice-of-law and choice-of-jurisdiction clauses. Guarantees, penalties, ...read more and mechanisms for the resolution of international disputes.
International debt recovery
European procedures (e.g., the European Order for Payment). Enforcement measures in Romania for claims recognized in another state. Cooperation with...read more bailiffs and courts within the EU and outside the EU.
Determination of the international legal status of individuals
Determination of citizenship, domicile, and residence in comparative law. Issues related to dual citizenship, international adoptions, and child abduction. Legal assistance with ...read more the lawful relocation of a family to another state.
Frequently Asked Questions about private international law
Below are some of the most frequently asked questions we receive from our clients regarding financial and banking law. For any additional questions, please do not hesitate to contact us.
01
What does a “foreign element” mean in a legal case?
A foreign element arises when a legal relationship involves a connection with another state (e.g., the citizenship of one of the parties, the place where a contract was concluded, domicile in another country, etc.). This element triggers the application of private international law rules regarding the applicable law and the jurisdiction of the courts.
02
Can I get divorced in Romania if I was married in another country?
Yes, if the Romanian courts have jurisdiction (e.g., you have your domicile in Romania or you are a Romanian citizen). The law applicable will be determined in accordance with private international law rules, taking into account international conventions and EU Regulations, where applicable.
03
How is a judgment issued abroad recognized in Romania?
Through recognition or exequatur proceedings. If the judgment originates from an EU Member State, recognition may be automatic in certain cases. For judgments from other countries, the procedure laid down in the Civil Procedure Code or in bilateral treaties applies.
04
Can I enforce in Romania a claim established by a foreign judgment?
Yes, but only if the judgment has been recognized or declared enforceable in Romania. Once this step is completed, enforcement proceedings may be initiated through a Romanian judicial bailiff.
05
Can a foreign legal entity be a party to a civil lawsuit in Romania?
Yes, but it must first be determined whether the Romanian courts have jurisdiction (e.g., the contract was signed in Romania, the damage occurred in Romania, or jurisdiction was contractually conferred on Romanian courts, etc.). The company must be properly served, in accordance with the provisions of the Civil Procedure Code and/or applicable international conventions.
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