What is a jurisdictional transfer (declinare de competență) in Romanian courts
A jurisdictional transfer means the court where the case was filed finds it lacks jurisdiction and sends the case to the correct court. The case is not lost — it is transferred.
Definiţie
What is a jurisdictional transfer?
Under art. 130–132 NCPC, a court that finds itself lacking jurisdiction transfers the case to the correct court. Procedural acts already performed remain valid (art. 137 NCPC).
What happens next?
The receiving court may accept jurisdiction or decline in turn, creating a negative conflict of jurisdiction resolved by the common superior court (art. 134 NCPC). Expect a delay of weeks to months before a new hearing date is set.
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