Practical A–Z glossary for international litigation involving Romania: 120+ client‑friendly terms explained
How to use this glossary: (1) Find the term (use your browser’s search). (2) Read the “Practical context” to see where it shows up in real cases. (3) Use the “Source” code (S‑code) to open the official instrument in the “Sources” section (EUR‑Lex / e‑Justice / HCCH / UNCITRAL / Portal Legislativ). (4) If the concept is relevant to your matter, note the documents and steps implied.
Commonly confused terms (quick clarifiers)
- Recognition vs enforcement: Recognition gives legal effects; enforcement means coercive collection/performance through enforcement measures. (Source: S1)
- Jurisdiction vs competence (Romanian usage): In practice, “competence” is the competent Romanian court; cross‑border jurisdiction is often set by EU/HCCH instruments. (Source: S3)
- Domicile vs habitual residence: Domicile is a legal connecting factor; habitual residence is factual and central in family tools. (Source: S15)
- Apostille vs consular legalisation: Apostille (HCCH 1961) simplifies authentication; consular legalisation is used when apostille does not apply. (Source: S22)
- New York arbitration vs ICSID award: New York has Article V refusal grounds; ICSID follows a distinct regime (Art. 54–55) with different defences and execution focus. (Source: S32)
- Small Claims vs EPO: Small Claims is for disputes (generally up to a value cap); EPO targets uncontested monetary claims. (Source: S9)
Glossary (A–Z), organised by topic
Note: Terms are grouped by topic for practical use. Each entry includes: Definition + Practical context + Source (S‑code).
Civil procedure
- Action for payment (standard claim) — Definition: A court claim seeking payment of a sum of money. Practical context: Use the standard route when fast procedures don’t fit or the debt is contested. Source: S1.
- Service of process — Definition: Formal delivery of court documents to a party. Practical context: Service issues are a common defence in recognition/enforcement. Source: S1.
- Adjournment — Definition: A postponement of a court hearing or deadline. Practical context: Can materially affect enforcement timing and strategy. Source: S1.
- Appeal — Definition: Ordinary challenge to a first‑instance judgment. Practical context: Enforcement planning depends on whether the decision is final/enforceable. Source: S1.
- Defence — Definition: The respondent’s legal/factual arguments. Practical context: Cross‑border defences often target jurisdiction and service. Source: S1.
- Preservation of evidence — Definition: Measures to secure evidence before/during proceedings. Practical context: Useful when there is a risk evidence will disappear. Source: S1.
- Res judicata — Definition: A final decision prevents re‑litigation of the same dispute between the same parties. Practical context: A core practical effect of recognition of foreign judgments. Source: S1.
- Security (cauțiune) — Definition: Money deposited to secure procedural risk (e.g., interim relief or suspension). Practical context: Often relevant to suspending enforcement or interim measures. Source: S1.
- Counterclaim — Definition: A claim brought by the defendant against the claimant in the same case. Practical context: Can complicate an otherwise streamlined route. Source: S1.
- Costs — Definition: Court fees and litigation costs that may be shifted to the losing party. Practical context: Important for recovery maths and settlement leverage. Source: S1.
- Jurisdiction / competence — Definition: Rules determining which court has authority. Practical context: In cross‑border cases, EU/HCCH instruments may govern. Source: S1.
- Challenge to enforcement — Definition: Procedure used to contest enforcement acts (or legality of enforcement). Practical context: Usually the main battleground after enforcement starts. Source: S1.
- Domicile / habitual residence — Definition: Connecting factors used for jurisdiction and procedural rules. Practical context: Habitual residence is critical in family matters and some EU tools. Source: S15.
- Evidence bundle — Definition: A structured set of documents and proofs. Practical context: Quality packaging often drives speed in practice. Source: S1.
- Provisional enforcement — Definition: Enforceability before the judgment becomes final, subject to conditions. Practical context: Changes risk management (security/suspension). Source: S1.
- Expert report — Definition: Court‑ordered technical assessment. Practical context: Adds time/cost and increases complexity. Source: S1.
- Final judgment — Definition: A judgment no longer subject to ordinary appeal. Practical context: Full enforcement is typically safer once final. Source: S1.
- Documentary evidence — Definition: Written evidence submitted to the court. Practical context: In debt cases, documents are often decisive. Source: S1.
- Intervention (third party) — Definition: A third party joins proceedings to protect an interest. Practical context: Relevant in assignments, guarantees and group structures. Source: S1.
- Interim measures — Definition: Attachment/garnishment to preserve assets pending a final outcome. Practical context: Often combined with EU rules on provisional measures. Source: S3.
- Summary interim order (ordonanță președințială) — Definition: Urgent court procedure for temporary relief. Practical context: Useful when the risk is immediate (asset dissipation). Source: S1.
- Witness evidence — Definition: Proof through witness testimony. Practical context: Harder to manage in cross‑border contexts; evidence rules matter. Source: S1.
- Limitation period — Definition: Time bar after which the claim is no longer enforceable in substance. Practical context: Cross‑border: check applicable law (Rome I/Rome II) and domestic law. Source: S4.
- Stay / suspension — Definition: Temporary stopping of proceedings or enforcement. Practical context: Often used tactically pending an appeal or related decision. Source: S1.
- Court fee (stamp duty) — Definition: Fee payable to file a claim. Practical context: Affects budgeting and route selection. Source: S1.
- Admissibility — Definition: Minimum conditions for a claim to be heard. Practical context: Cross‑border cases often trigger procedural objections early. Source: S1.
- Arbitration (Brussels I exclusion) — Definition: Arbitration is outside Brussels I’s scope. Practical context: If the dispute is arbitral, you use NY/ICSID + domestic procedure instead. Source: S3.
- Statement of claim — Definition: The initiating pleading setting out facts, legal basis and relief. Practical context: Cross‑border: align with jurisdiction and applicable law from the start. Source: S1.
- Letters rogatory — Definition: Formal request to obtain evidence abroad. Practical context: Within the EU, the Evidence Regulation provides a structured route. Source: S7.
- Electronic service — Definition: Delivery of documents via electronic means where permitted. Practical context: May reduce delays, but must follow the applicable instrument. Source: S6.
- Jurisdiction objection — Definition: Defence arguing the seized court lacks jurisdiction. Practical context: Very common in cross‑border litigation. Source: S3.
- Enforceability — Definition: Status allowing a decision to be enforced. Practical context: In the EU it can flow from judgment + certificate; non‑EU often needs exequatur. Source: S1.
- Evidential weight — Definition: How persuasive a piece of evidence is. Practical context: Authentic instruments often carry higher evidential weight. Source: S2.
- Correction of clerical errors — Definition: Fixing obvious mistakes in a judgment. Practical context: Useful before exporting a judgment for cross‑border use. Source: S1.
- Legal interest / standing — Definition: Requirement of a practical benefit from the claim. Practical context: Must be demonstrated particularly in urgent applications. Source: S1.
- Lis pendens — Definition: Parallel proceedings between the same parties over the same dispute. Practical context: Brussels I contains lis pendens coordination rules. Source: S3.
- Procedural nullity — Definition: Sanction for breaching procedural rules. Practical context: Often linked to service/notification defects. Source: S1.
- Proof — Definition: Means used to establish facts (documents, witnesses, experts). Practical context: Cross‑border: evidence tools matter (EU Evidence Regulation / HCCH). Source: S7.
- Limitation period (contract/tort) — Definition: Time bar depends on the applicable law. Practical context: Rome I/Rome II determine applicable law in EU contexts. Source: S4.
EU instruments
- Brussels I Recast — Definition: EU rules on jurisdiction and recognition/enforcement for civil and commercial matters. Practical context: Often the first stop for intra‑EU commercial disputes. Source: S3.
- Brussels I certificate — Definition: Standard certificate issued by the court of origin for cross‑border enforcement. Practical context: Filed with the judgment to enforce in another Member State. Source: S3.
- Rome I — Definition: EU regulation on the law applicable to contractual obligations. Practical context: Used to identify/choose the governing law in contracts. Source: S4.
- Rome II — Definition: EU regulation on the law applicable to non‑contractual obligations (torts). Practical context: Key for cross‑border damages/tort claims. Source: S5.
- EU Service Regulation — Definition: EU framework for transmitting and serving judicial documents between Member States. Practical context: Reduces friction compared to classic international service. Source: S6.
- EU Evidence Regulation — Definition: EU framework for taking evidence across Member States. Practical context: Useful for cross‑border hearings, documents, court‑to‑court requests. Source: S7.
- European Payment Order (EPO) — Definition: EU procedure for uncontested monetary claims. Practical context: Good when the debt is clear and the debtor is in another EU state. Source: S8.
- EPO forms — Definition: Standard forms for the European Payment Order. Practical context: Use the official forms to reduce formal errors. Source: S37.
- European Small Claims — Definition: EU procedure (generally up to EUR 5,000) for low‑value cross‑border disputes. Practical context: Best for simpler cases, often document‑heavy. Source: S9.
- Small claims forms — Definition: Official standard forms for the Small Claims procedure. Practical context: Provides a structured way to file and exchange documents. Source: S36.
- European Enforcement Order (EEO) — Definition: Certification mechanism for uncontested claims to facilitate enforcement. Practical context: Useful for uncontested judgments/settlements within the EU. Source: S10.
- EAPO (Account Preservation Order) — Definition: EU tool to freeze funds in bank accounts across borders within the EU. Practical context: Used to prevent accounts being emptied before enforcement. Source: S11.
- EU Insolvency Regulation — Definition: Rules on cross‑border insolvency proceedings in the EU. Practical context: Critical when the debtor’s COMI is in another Member State. Source: S12.
- Maintenance Regulation — Definition: EU framework for maintenance obligations (e.g., child support). Practical context: Key in family cases with parties in different states. Source: S13.
- EU Succession Regulation — Definition: EU framework for cross‑border succession, incl. European Certificate of Succession. Practical context: Crucial when assets/heirs are in multiple Member States. Source: S14.
- Brussels IIb — Definition: EU rules on jurisdiction/recognition in matrimonial matters and parental responsibility. Practical context: Starting point for cross‑border divorce/custody within the EU. Source: S15.
- EU Mediation Directive — Definition: EU framework encouraging mediation in cross‑border disputes. Practical context: Often used to control cost and time in business disputes. Source: S16.
- Cross‑border legal aid — Definition: EU directive on access to legal aid in cross‑border disputes. Practical context: Relevant for individuals with limited resources. Source: S17.
- Protection measures (EU) — Definition: EU mutual recognition of protection measures (e.g., protective orders). Practical context: Useful when a protected person moves to another Member State. Source: S18.
- Matrimonial property regimes — Definition: EU rules for property issues between spouses in cross‑border situations. Practical context: Useful in divorce/inheritance planning where multiple states are involved. Source: S19.
- Registered partnerships property — Definition: EU rules for property consequences of registered partnerships. Practical context: Relevant where registered partnerships exist and have property effects. Source: S20.
- Rome III (divorce) — Definition: EU choice‑of‑law rules for divorce/separation in participating states. Practical context: Matters when spouses have different nationalities/habitual residence. Source: S21.
- European e‑Justice Portal — Definition: Official EU portal with guidance and forms for cross‑border procedures. Practical context: A practical “one‑stop hub” for forms and explanations. Source: S35.
- Online forms generator (EU) — Definition: Online tool to generate standard EU procedure forms. Practical context: Helps avoid missing mandatory form fields. Source: S35.
- Brussels I exclusions — Definition: Matters excluded from Brussels I (e.g., arbitration). Practical context: Tells you when to use a different route/instrument. Source: S3.
- HCCH convention — Definition: Hague Conference conventions relevant by state and subject matter. Practical context: Often used when one state is outside the EU or for family matters. Source: S25.
- Hague 2005 (Choice of Court) — Definition: Convention on exclusive choice‑of‑court agreements and recognition/enforcement. Practical context: Relevant for certain UK post‑Brexit judgment routes. Source: S25.
- Hague 2019 (Judgments) — Definition: Convention on recognition and enforcement of foreign judgments. Practical context: May become a bridge for non‑EU / UK judgments where it applies. Source: S26.
- HCCH status table — Definition: Official table showing which states are parties and from when a convention applies. Practical context: First practical step: confirm the convention applies between your states. Source: S38.
- Standard form — Definition: A form with mandatory structure required by an EU instrument. Practical context: Reduces errors and standardises cross‑border handling. Source: S35.
- Provisional measures (EU context) — Definition: Ability to seek urgent measures in a cross‑border setting. Practical context: Must be coordinated with jurisdiction and enforcement rules. Source: S3.
- Automatic recognition — Definition: Recognition without a special procedure (in some EU instruments). Practical context: Reduces barriers but does not eliminate all defences. Source: S3.
- Court settlement (EU circulation) — Definition: A settlement recorded by a court that may circulate cross‑border. Practical context: Useful to enforce without a full trial. Source: S3.
- Forum shopping — Definition: Strategic selection of the most favourable court. Practical context: EU jurisdiction rules constrain this in many situations. Source: S3.
- Jurisdiction clause — Definition: Agreement designating a competent court. Practical context: In the EU governed by Brussels I; outside EU may fall under Hague 2005. Source: S3.
- Exclusive choice of court (Hague 2005) — Definition: Exclusive jurisdiction clause (core requirement for Hague 2005). Practical context: Critical in some UK post‑Brexit judgment scenarios. Source: S25.
- Judicial cooperation — Definition: EU mechanisms enabling cross‑border cooperation between courts/authorities. Practical context: Relevant in service, evidence, insolvency and more. Source: S6.
- EU certificate — Definition: Standard certificate accompanying a decision for cross‑border effects. Practical context: Examples: Brussels I certificate; EEO. Source: S3.
- e‑Justice (finding authorities) — Definition: Official portal guidance on competent authorities and procedures. Practical context: Useful for routing forms to the right body. Source: S35.
- Transitional rules — Definition: Rules determining which regime applies based on timing. Practical context: Important especially in UK post‑Brexit contexts and instrument changes. Source: S25.
- Bank‑account freezing (EU) — Definition: Preserving funds in accounts pending enforcement. Practical context: EAPO is the dedicated EU instrument. Source: S11.
- Family recognition & enforcement (EU) — Definition: Circulation of family judgments within the EU. Practical context: Brussels IIb and Maintenance Regulation are key frameworks. Source: S15.
- COMI (centre of main interests) — Definition: Primary connecting factor for EU insolvency jurisdiction. Practical context: Determines where main proceedings are opened. Source: S12.
- Main vs secondary proceedings — Definition: Types of proceedings under EU insolvency rules. Practical context: Affects creditor strategy and enforcement stays. Source: S12.
- Automatic recognition (insolvency) — Definition: Cross‑border effects of opening main insolvency proceedings. Practical context: Can impact individual enforcement actions. Source: S12.
- European Certificate of Succession (practical) — Definition: Standard EU proof of heir/administrator status. Practical context: Reduces friction when acting in other Member States. Source: S14.
- Cross‑border protection measures — Definition: Fast mutual recognition of protective measures in the EU. Practical context: Provided by Regulation 606/2013. Source: S18.
Arbitration
- International commercial arbitration — Definition: Private dispute resolution by arbitrators instead of state courts. Practical context: Chosen for neutrality/confidentiality and global enforceability (NY). Source: S29.
- Arbitration clause — Definition: Agreement to submit disputes to arbitration. Practical context: Validity is often challenged at enforcement (NY Article V). Source: S29.
- New York Convention (1958) — Definition: Global instrument for recognition and enforcement of foreign arbitral awards. Practical context: The backbone of cross‑border award enforcement. Source: S29.
- Article V (NY) — Definition: Closed list of refusal grounds under the New York Convention. Practical context: Debtors often invoke notice/invalid agreement/public policy. Source: S29.
- Seat of arbitration — Definition: The legal place whose procedural law governs the arbitration. Practical context: Determines courts for set‑aside and the lex arbitri. Source: S31.
- Lex arbitri — Definition: The arbitration’s procedural law (typically the law of the seat). Practical context: Relevant to procedural challenges and set‑aside proceedings. Source: S31.
- Governing law (lex contractus) — Definition: Law governing the underlying contract. Practical context: Determined by party choice or Rome I in EU contexts. Source: S4.
- Set‑aside (annulment) — Definition: Proceedings at the seat to annul an award. Practical context: If annulled/suspended at the seat, it can affect enforcement (NY Article V). Source: S29.
- Recognition of arbitral award — Definition: Court process accepting the award’s effects in Romania. Practical context: Typically under the NY Convention plus Romanian procedure rules. Source: S1.
- Leave/authorisation to enforce — Definition: Court step allowing enforcement actions to begin. Practical context: Often required before bailiff enforcement. Source: S1.
- Public policy (arbitration) — Definition: Exception allowing refusal if enforcement violates fundamental principles. Practical context: Often pleaded; applied exceptionally. Source: S29.
- Arbitrability — Definition: Whether a dispute type may be resolved by arbitration. Practical context: Non‑arbitrability is a refusal ground (NY Article V(2)). Source: S29.
- Kompetenz‑Kompetenz — Definition: Principle that arbitrators may rule on their own jurisdiction. Practical context: Can reduce parallel court fights. Source: S31.
- Separability — Definition: Arbitration clause survives challenges to the main contract. Practical context: Important where contract validity is disputed. Source: S31.
- Arbitral institution — Definition: Organisation administering the arbitration (rules, appointments, fees). Practical context: Choice affects speed, cost and procedure discipline. Source: S31.
- Ad hoc arbitration — Definition: Arbitration without an institution, run by parties/arbitrators. Practical context: Needs a clear ruleset (often UNCITRAL) to avoid deadlock. Source: S31.
- UNCITRAL Arbitration Rules / frameworks — Definition: Standard rules often used in ad hoc clauses. Practical context: Common in international contracts and treaties. Source: S31.
- ICSID — Definition: World Bank arbitration centre for investor‑State disputes. Practical context: ICSID awards follow a distinct enforcement regime (Art. 54–55). Source: S32.
- ICSID award — Definition: Decision of an ICSID tribunal. Practical context: Enforced as if it were a final domestic judgment for pecuniary obligations. Source: S32.
- Immunity from execution — Definition: Protection of certain State assets from enforcement measures. Practical context: ICSID Art. 55 preserves immunity rules. Source: S32.
- ICSID certified copy — Definition: Certified copy issued by the ICSID Secretariat for enforcement. Practical context: Key document presented to national authorities. Source: S32.
- Romania ICSID ratification instrument — Definition: Domestic act confirming Romania’s ICSID ratification. Practical context: Used to evidence applicability in Romania. Source: S33.
- Escalation clause — Definition: Contract clause requiring negotiation/mediation before arbitration. Practical context: May be raised as prematurity if not followed. Source: S31.
- Confidentiality — Definition: Limits on disclosure in arbitration (rule/contract dependent). Practical context: Often a key reason parties choose arbitration. Source: S31.
- Interim measures (arbitration) — Definition: Temporary measures ordered by tribunal or courts. Practical context: Must be coordinated with enforcement and courts. Source: S31.
- Recognition vs enforcement (arbitration) — Definition: Recognition gives legal effect; enforcement enables coercive measures. Practical context: NY Convention frames both in a unified way. Source: S29.
- Sovereign immunity — Definition: State immunity from certain enforcement measures. Practical context: Particularly relevant against State assets (notably with ICSID). Source: S32.
- ICSID annulment — Definition: ICSID internal annulment mechanism (not national set‑aside). Practical context: Different from seat‑court annulment in commercial arbitration. Source: S32.
- ICSID interpretation/rectification — Definition: ICSID procedures to clarify or correct an award. Practical context: May influence enforcement timing decisions. Source: S32.
Enforcement
- Enforcement proceedings — Definition: Romanian procedures to compel payment/performance based on an enforceable title. Practical context: Usually conducted through a Romanian bailiff. Source: S1.
- Enforceable title — Definition: Instrument that allows enforcement (judgment, notarised deed, etc.). Practical context: Cross‑border titles must be recognised as enforceable in Romania. Source: S1.
- Romanian bailiff — Definition: Licensed professional who conducts enforcement measures. Practical context: Organisation governed by Law No. 188/2000. Source: S34.
- Court authorisation to enforce — Definition: Court step approving enforcement (in relevant cases). Practical context: Often precedes effective enforcement measures in practice. Source: S1.
- Garnishment — Definition: Freezing and collecting amounts owed to the debtor by third parties (e.g., banks). Practical context: Domestic garnishment; EU cross‑border bank freezing may use EAPO. Source: S1.
- Attachment / seizure — Definition: Seizing assets to secure or satisfy a claim. Practical context: Used to prevent disposal before sale/collection. Source: S1.
- Movable enforcement — Definition: Enforcement against movable assets. Practical context: Used where liquid funds are insufficient. Source: S1.
- Immovable enforcement — Definition: Enforcement against real estate. Practical context: Requires valuation, publicity and formal sale steps. Source: S1.
- Realisation / sale — Definition: Selling seized assets to satisfy the claim. Practical context: Typically via public auction under procedure rules. Source: S1.
- Challenge to enforcement (Romania) — Definition: Procedure to challenge bailiff acts or enforcement legality. Practical context: Main defence tool once enforcement begins. Source: S1.
- Stay of enforcement — Definition: Temporary halt of enforcement measures. Practical context: Often linked to security; depends on the case and court. Source: S1.
- Statutory interest — Definition: Interest imposed by law where the contract is silent or unclear. Practical context: Common in monetary claims and enforcement calculations. Source: S2.
- Contractual penalties — Definition: Contract‑agreed amounts for delay or non‑performance. Practical context: Must be clearly drafted to reduce enforcement disputes. Source: S2.
- Enforcement costs — Definition: Costs of enforcement (bailiff fees, valuations, notices). Practical context: Often recoverable from the debtor within legal limits. Source: S1.
- Assignment of claim — Definition: Transfer of a receivable to a new creditor. Practical context: Assignee must prove the transfer in enforcement. Source: S2.
- Set‑off — Definition: Extinguishing mutual debts between the same parties. Practical context: Frequently raised as a defence to payment claims. Source: S2.
- Security interest — Definition: Mortgage/pledge securing a debt. Practical context: Affects priority and enforcement strategy. Source: S2.
- Mortgage — Definition: Security over real estate. Practical context: Mortgage creditors often have priority on proceeds. Source: S2.
- Pledge — Definition: Security over movable assets. Practical context: May improve recovery via priority rights. Source: S2.
- Priority / ranking — Definition: Order in which creditors are paid from proceeds. Practical context: Especially relevant with multiple creditors or insolvency. Source: S2.
- Exequatur (recognition & enforcement) — Definition: Court process making certain foreign judgments enforceable in Romania (outside EU automatic routes). Practical context: Typical default route for non‑EU judgments and some UK scenarios. Source: S1.
- Apostille — Definition: HCCH formality simplifying authentication of public documents. Practical context: Useful for documents from Apostille Convention states. Source: S22.
- Consular legalisation — Definition: Legalisation route when apostille does not apply. Practical context: Often increases time and cost of document preparation. Source: S1.
- Certified translation — Definition: Translation by an authorised translator. Practical context: Often required by Romanian courts/enforcement bodies. Source: S1.
- Asset tracing — Definition: Identifying the debtor’s assets. Practical context: Often the difference between a paper title and real recovery. Source: S1.
- Foreign title — Definition: Judgment/award issued abroad. Practical context: Must be properly classified (EU vs non‑EU vs arbitration vs ICSID). Source: S1.
- Execution against the State — Definition: Enforcement where the debtor is a State/public entity. Practical context: May raise additional rules and immunity questions. Source: S32.
- Account information mechanisms (EU) — Definition: Ways to seek information for EAPO purposes (where permitted). Practical context: Can improve the practical effectiveness of freezing orders. Source: S11.
- Domestic payment order — Definition: Romanian fast court route for clear monetary claims. Practical context: Often used as an alternative/parallel to EU tools (depending on facts). Source: S1.
- Enforcement request file — Definition: Core documents needed to open enforcement with a bailiff. Practical context: In practice, completeness determines speed. Source: S34.
Family / succession
- International child abduction — Definition: Wrongful removal/retention of a child across borders. Practical context: Primary framework is the HCCH 1980 Convention. Source: S27.
- Habitual residence — Definition: Factual connecting factor used for jurisdiction in family matters. Practical context: Central in Brussels IIb and HCCH 1996. Source: S15.
- Parental responsibility — Definition: Rights and duties concerning a child (custody, access). Practical context: EU cross‑border analysis often starts with Brussels IIb. Source: S15.
- Rights of access — Definition: Right of a parent to maintain personal relations with the child. Practical context: May require recognition/enforcement across borders. Source: S15.
- Custody — Definition: Arrangements about care and decision‑making for a child. Practical context: Cross‑border custody often triggers jurisdiction conflicts. Source: S15.
- Protection measures (family) — Definition: Measures protecting a person (e.g., protective orders). Practical context: EU mutual recognition can apply via Regulation 606/2013. Source: S18.
- Maintenance (child/spousal support) — Definition: Obligation to provide financial support. Practical context: Within the EU, Regulation 4/2009 governs jurisdiction and enforcement. Source: S13.
- Recognition of family judgments — Definition: Giving effect to divorce/custody/maintenance decisions in another state. Practical context: EU instruments can remove extra procedural layers. Source: S15.
- Cross‑border divorce — Definition: Divorce involving more than one country. Practical context: Applicable law may be governed by Rome III in participating states. Source: S21.
- Matrimonial property regime — Definition: Rules for spouses’ property before/after marriage. Practical context: EU Regulation 2016/1103 provides a cross‑border framework. Source: S19.
- Registered partnership — Definition: Legal union recognised in some states. Practical context: Property consequences may fall under Regulation 2016/1104. Source: S20.
- Cross‑border succession — Definition: Inheritance with assets/heirs in multiple states. Practical context: EU Succession Regulation 650/2012 harmonises key rules. Source: S14.
- European Certificate of Succession — Definition: EU certificate proving heir/administrator status. Practical context: Used to act quickly in other Member States. Source: S14.
- Applicable law to succession — Definition: Which law governs the succession. Practical context: Under EU rules, often driven by habitual residence (with options). Source: S14.
- Will — Definition: Unilateral instrument disposing of assets on death. Practical context: Form/validity may depend on domestic law and private international law. Source: S2.
- Forced heirship (reserved share) — Definition: Mandatory minimum inheritance shares for certain relatives (where applicable). Practical context: Important in estate planning and heir disputes. Source: S2.
- Partition — Definition: Division of property among co‑owners/heirs. Practical context: Cross‑border partition depends on applicable law and jurisdiction. Source: S2.
- Child protection (HCCH 1996) — Definition: Convention on jurisdiction and measures for protection of children. Practical context: Relevant especially where one state is outside the EU or HCCH rules apply. Source: S28.
- Family mediation — Definition: Mediation in custody/divorce/support disputes. Practical context: Mediation directive encourages mediated solutions in cross‑border contexts. Source: S16.
- Apostille for civil status documents — Definition: Apostilling public documents for use abroad. Practical context: Often the first practical step for birth/marriage certificates. Source: S22.
- Recognition of public documents — Definition: Acceptance of notarial/administrative documents in another state. Practical context: EU tools and domestic rules may govern effects and enforceability. Source: S35.
- Choice of law in succession — Definition: Option (in certain cases) to choose the law of nationality for succession. Practical context: Can simplify multi‑state inheritance disputes. Source: S14.
- Recognition of divorce — Definition: Giving effect to a divorce decision across borders. Practical context: Within the EU, Brussels IIb is the main reference point. Source: S15.
- Parental agreement — Definition: Agreement on custody/access/support arrangements. Practical context: May be formalised to circulate or be enforceable cross‑border. Source: S15.
- Cross‑border maintenance — Definition: Maintenance with parties in different states. Practical context: EU Maintenance Regulation provides jurisdiction and enforcement rules. Source: S13.
- Apostille vs legalisation (family) — Definition: Authentication routes for civil status documents. Practical context: Apostille simplifies public documents’ use abroad; otherwise legalisation may apply. Source: S22.
Recommended official resources (10–15 links)
- European e‑Justice Portal – Online forms (EU procedures) (S35)
- European e‑Justice Portal – Small Claims forms (S36)
- European e‑Justice Portal – European Payment Order forms (S37)
- EUR‑Lex – Regulation (EU) No 1215/2012 (Brussels I Recast) (S3)
- EUR‑Lex – Rome I (contracts) (S4)
- EUR‑Lex – Rome II (torts) (S5)
- EUR‑Lex – Service Regulation (EU) 2020/1784 (S6)
- EUR‑Lex – Evidence Regulation (EU) 2020/1783 (S7)
- HCCH – Status table: Hague 2005 (Choice of Court) (S38)
- HCCH – Status table: Hague 2019 (Judgments) (S39)
- UNCITRAL – New York Convention (official text PDF) (S29)
- UNCITRAL – Model Law on International Commercial Arbitration (S31)
- ICSID – Recognition & Enforcement (Art. 54–55) (S32)
- Portal Legislativ – Romanian Civil Procedure Code (Book VII) (S1)
- Portal Legislativ – Romanian Civil Code (S2)
Frequently asked questions (FAQ)
1) Who is this glossary for?
Individuals and businesses dealing with a cross‑border dispute connected to Romania (contracts, debt recovery, enforcement, arbitration, family/succession).
2) Is this legal advice?
No. It is general information. The applicable rules depend on facts, documents, dates and the relevant instrument.
3) How do I identify the right EU instrument?
Start with (1) the subject matter (civil/commercial vs family), (2) the states involved, and (3) key dates. Then open the relevant instruments in “Sources” and consult the European e‑Justice Portal for procedural guidance.
4) Why do some terms cite EU sources and others HCCH sources?
EU instruments mainly govern relations between EU Member States; where a state is outside the EU (or for specific family domains), Hague Conference conventions may apply.
5) What if a term appears in more than one section?
That is normal: the same concept can be relevant in procedure, enforcement and EU instruments. Use the “Practical context” to pick the right usage.
6) How do I verify whether a Hague Convention applies between my states?
Use the HCCH status table for the relevant convention (see “Recommended official resources”) and check each state’s entry‑into‑force date.
7) How do I use the “Source (S‑code)” in practice?
Find the S‑code in the “Sources” list, open the official link and check scope, definitions, required documents and refusal grounds.
8) Why are both New York arbitration and ICSID included?
Because they are different regimes: the New York Convention is the standard for commercial arbitration awards; ICSID applies to investor‑State awards and has a distinct recognition/enforcement framework.
Sources (official instruments and primary pages)
- S1 — Romanian Civil Procedure Code (Law No. 134/2010) – Portal Legislativ
- S2 — Romanian Civil Code (Law No. 287/2009) – Portal Legislativ
- S3 — Regulation (EU) No 1215/2012 (Brussels I Recast) – EUR‑Lex
- S4 — Regulation (EC) No 593/2008 (Rome I) – EUR‑Lex
- S5 — Regulation (EC) No 864/2007 (Rome II) – EUR‑Lex
- S6 — Regulation (EU) 2020/1784 (service of documents) – EUR‑Lex
- S7 — Regulation (EU) 2020/1783 (taking of evidence) – EUR‑Lex
- S8 — Regulation (EC) No 1896/2006 (European Payment Order) – EUR‑Lex
- S9 — Regulation (EC) No 861/2007 (European Small Claims) – EUR‑Lex
- S10 — Regulation (EC) No 805/2004 (European Enforcement Order – EEO) – EUR‑Lex
- S11 — Regulation (EU) No 655/2014 (EAPO – Account Preservation Order) – EUR‑Lex
- S12 — Regulation (EU) 2015/848 (insolvency) – EUR‑Lex
- S13 — Regulation (EC) No 4/2009 (maintenance obligations) – EUR‑Lex
- S14 — Regulation (EU) No 650/2012 (succession) – EUR‑Lex
- S15 — Regulation (EU) 2019/1111 (Brussels IIb – family) – EUR‑Lex
- S16 — Directive 2008/52/EC (mediation) – EUR‑Lex
- S17 — Directive 2003/8/EC (cross‑border legal aid) – EUR‑Lex
- S18 — Regulation (EU) No 606/2013 (mutual recognition of protection measures) – EUR‑Lex
- S19 — Regulation (EU) 2016/1103 (matrimonial property regimes) – EUR‑Lex
- S20 — Regulation (EU) 2016/1104 (registered partnerships property) – EUR‑Lex
- S21 — Regulation (EU) No 1259/2010 (Rome III – divorce) – EUR‑Lex
- S22 — HCCH – Apostille Convention 1961 (text/status) – HCCH
- S23 — HCCH – Service Convention 1965 (text) – HCCH
- S24 — HCCH – Evidence Convention 1970 (text) – HCCH
- S25 — HCCH – Hague 2005 Choice of Court Convention (text) – HCCH
- S26 — HCCH – Hague 2019 Judgments Convention (text) – HCCH
- S27 — HCCH – Child Abduction Convention 1980 (text) – HCCH
- S28 — HCCH – Child Protection Convention 1996 (text) – HCCH
- S29 — UNCITRAL – New York Convention 1958 (official text PDF) – UNCITRAL
- S30 — Romania’s accession to the New York Convention: Decree No. 186/1961 – Portal Legislativ
- S31 — UNCITRAL – Model Law on International Commercial Arbitration (1985/2006) – UNCITRAL
- S32 — ICSID – Recognition & Enforcement (Art. 54–55) – ICSID/World Bank
- S33 — Romania’s ICSID ratification: Decree No. 62/1975 – Portal Legislativ
- S34 — Romanian Bailiffs Act: Law No. 188/2000 – Portal Legislativ
- S35 — European e‑Justice Portal – Online forms
- S36 — European e‑Justice Portal – Small claims forms
- S37 — European e‑Justice Portal – European Payment Order forms
- S38 — HCCH – Status table Hague 2005 (Choice of Court)
- S39 — HCCH – Status table Hague 2019 (Judgments)
