ro fr
universul juridic magazin
Revista Română de Drept Privat

Considerations regarding the jurisdiction rules contained by the new code of civil procedure. Territorial jurisdiction (II)

This part of the study proposes to analyze the territorial jurisdiction rules contained by the New Code of Civil Procedure. In this matter, the legislator has chosen the preservation of the established legal solutions, but has brought a series of amendments to the text formulations regarding territorial jurisdiction of common law, the alternative and the exclusive one, designed to answer some practical needs. For instance, a legal entity shall be summoned at the registered office of its branch or any other dismemberment without legal personality, for the obligations assumed by the manager of the dismemberment or the ones that are to be executed therein, as opposed to the regulation in force, which makes reference only to subsidiary.

A significant progress consists in the establishment of special jurisdiction rules regarding litigation between consumers and producers. In case the consumer is the plaintiff, it can decide between the court of its domicile and the court of the producer’s residence or registered office. To the contrary, if the legal action is filed by the producer, it has the obligation to present to the consumer’s domicile. If the regulation of material jurisdiction falls, at least currently, into the exclusive competence of the national legislator, the territorial jurisdiction is increasingly influenced, due to its connection to the international jurisdiction, by the European regulations. These aspects must be considered by the law interpreter, whenever in presence of legal relationships with extraneity elements.