2024
Maria DIMOFTE, PhD student, Faculty of Law, University of Bucharest, Jurisdiction of the court in proceedings brought by a trader against a consumer
DOI: https://www.doi.org/10.31178/AUBD/2024.17
Abstract: In disputes between a professional, as
plaintiff, and a consumer, as defendant, the rules of international and
territorial jurisdiction establish, in most cases, the jurisdiction of the
courts of the defendant's domicile. These rules are of public policy,
establishing exclusive jurisdiction, and are designed to protect the weaker
party in the legal relationship. This study will examine a number of cases in
which, although the rules of jurisdiction establish the jurisdiction of the
court for the domicile of the defendant - the consumer - the latter is in fact
located at another address or is unknown. Thus, the problem of determining
which court has territorial jurisdiction to settle the case arises both in
purely domestic disputes, where the court must determine whether it can settle
the dispute or whether it must decline jurisdiction to settle the case to
another court in the country, and in disputes with a foreign element, where the
Romanian court legitimately wonders whether it has international jurisdiction
and, after that, what is the territorial jurisdiction in such a case and
according to what rules it is determined.
Keywords: exclusive territorial jurisdiction; unknown domicile of the defendant; actual residence of the defendant; Regulation No 1215/2012; protection of the weaker party; rights of the defense
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