Divorce. International Lis pendens. Stay of proceedings

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

According to Article 1065 of the Civil Procedure Code, "The provisions of this book shall apply to private law proceedings with foreign elements in so far as international treaties to which Romania is a party, European Union law or special laws do not provide otherwise."

Romania and the Republic of Moldova concluded the Treaty on Legal Assistance in Civil and Criminal Matters, ratified by Law No 177 of 4 November 1997 and published in the Official Gazette No 310 of 13 November 1997, which also contains provisions on divorce.

The situation of the parties in the present case is covered by Article 27 (2) of the Treaty, so that, from an international point of view, jurisdiction lies with the courts of both Contracting States.

The competent court of the Republic of Moldova, i.e. the Chisinau Court of First Instance, has already rendered a first instance decision on the dissolution of the marriage between the parties in the present case, the child's residence and the child's maintenance obligation.

In these circumstances, in the absence of special provisions in the Treaty, the provisions of Article 1076 of the Civil Procedure Code apply.