Concurența normelor procedurale naționale și străine în litigiile civile cu element de extraneitate

Abstract

The foreign element present in a legal relationship brought before a court determines the competent court to establish the law to be applied when judging the case. In this sense, we are not only referring to the substantive law that would govern the legal relationship, but also the procedural law that the court must be guided by when judging the case. The purpose of this article is to determine to what extent there is a correlation between the procedural law and the material law in the case of judging a litigation with an extraneous element and how a possible change of the competent court can change the solution of the merits. As objectives, we propose to analyze the basic rules both in the doctrine of private international law and the provisions of national legislation regarding the applicability of the procedural law of the forum when judging a case with an element of foreignness. When writing this study, the method of analysis and synthesis, the historical but also the comparative method, will be used.