Stabilirea competenței teritoriale a instanței în cererile formulate de un profesionist împotriva unui consumator

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.