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PROCEDURE OF OBTAINING INFORMATION REFERRING TO FOREIGN LAW IN THE REGULATION OF THE LAW NO. 189/2003 REGARDING THE INTERNATIONAL JUDICIAL ASSISTANCE IN CIVIL AND COMMERCIAL MATTER AND OF THE EUROPEAN CONVENTION IN THE INFORMATION FIELD ON THE FOREIGN LAW FROM JUNE 7TH, 1968

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Author(s): Laura Magdalena TROCAN

Journal: Annals of Constantin Brancusi University of Targu-Jiu : Juridical Science Series
ISSN 1844-7015

Issue: 1;
Start page: 73;
Date: 2013;
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Keywords: foreign law | foreign element | evidence | conflict norm | application of the foreign law | establishment of the foreign law | content of the foreign law | European Legislator Identifier.

ABSTRACT
The juridical report to foreign elements raises the application problem of the foreign law, considering the fact that the report having a foreign element could not be regulated only by applying the forum law. But, if the parties have no obligation to establish the content of the applicable law in the domestic law, as there is no demand to prove the juridical norm because there is the presumption according to which the judge knows the law (jura novit curia), the application of the foreign law supposes its knowledge. But the vocation of a foreign law to apply, based on the international private law of the forum, complicates the mechanism of a civil or commercial process with foreign elements, considering the fact that the Romanian judge has no obligation to know the foreign law, its content should be established. The present article wants to outline the procedure of obtaining information referring to the foreign law by report mainly to the stipulations of Law no. 189/2003 regarding the judicial international assistance in civil and commercial matter and to the ones of the European Convention in the information field on the foreign law, but also to other instruments elaborated at the European Union level.
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