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SM ISO690:2012 ANGUELOV, Nikolay. Free movement of judgments on civil and commercial matters in the European Union. In: Revista Institutului Naţional al Justiţiei, 2014, nr. 2(29), pp. 52-60. ISSN 1857-2405. |
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Revista Institutului Naţional al Justiţiei | ||||||
Numărul 2(29) / 2014 / ISSN 1857-2405 | ||||||
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Pag. 52-60 | ||||||
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Rezumat | ||||||
Every citizen - consumer – who purchases merchandise or
services personally, via electronic commerce or commercial
company and who, due to the contemporaneous communication
and transaction methods happens to enter in commercial
relations with other merchants from Europe, will need at some
point adequate knowledge in case a dispute arises between
him and his partner. To be more specific - which will be the
competent court to examine the matter, what rules will this
court apply, but most importantly – if the judgment is in his favour
and the defendant’s place of residence is in another member-
state – how can this judgment be effectively enforced.
Moreover – we see recurrent cases where during a dispute on
a purely national basis between entities of the same memberstate,
envisioning a possible unfavourable case outcome, one
of the parties moves its assets to another member-state during
the process. At the end of the court proceedings, the creditor
faces a number of difficulties pertaining to the effective judgment
enforcement. These circumstances gradually directed
the European Union to the idea of establishing a common European
legal space, in which every citizen of a member-state
can calmly exercise his rights and freedoms with no concern
as to possible complications, and that in his contacts with
partners or merchants from other member-states he can rely
upon effective, anticipated and speedy European administration
of justice. In this aspect, the most important legal acts are:
Regulation №44/2001 on jurisdiction, recognition and enforcement
of judgments and Regulation №805/2004 creating an
European Enforcement Order for uncontested claims. |
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Cuvinte-cheie consumer, merchants, commercial relations, consumator, comerciant, relaţii comerciale |
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