Legea aplicabilă parteneriatului civil în dreptul român. Propuneri de lege ferenda (II)
The law applicable to civil partnership in the Romanian law. De lege ferenda proposals (II)
Author(s): Călina JugastruSubject(s): Civil Law, International Law, EU-Legislation
Published by: Uniunea Juriștilor din România
Keywords: civil partnership; Romanian law; partnership effects; partnership dissolution; de lege ferenda;
Summary/Abstract: If the first part of the study was concerned with the conflicting norm for the substantive and formal conditions of the civil partnership, the second part examines some of the lex causae solutions, for the patrimonial and personal effects of the partnership, as well as for its dissolution. The working hypotheses for the effects of civil partnership are determined by two different perspectives. The conflict norm is positioned in Romanian private international law, in the event that the mechanism that includes Regulation (EU) 2016/1104 would not be applied, respectively the conflict norm has as its object the patrimonial effects of the couple’s union, through the lens of Regulation (EU) 2016/1104 (Romanian private international law to nominate the law applicable to personal relations between partners). The dissolution of the civil partnership does not fall under the European regulations. Therefore, the national norm is called upon to resolve the conflicts of laws in relation to the termination and dissolution of the partnership.
Journal: Revista „Dreptul”
- Issue Year: 2023
- Issue No: 08
- Page Range: 58-80
- Page Count: 23
- Language: Romanian
- Content File-PDF