Sanctions applicable to the matrimonial agreement within the Romanian private international law Cover Image
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Sancţiunile aplicabile convenţiei matrimoniale în dreptul internaţional privat român
Sanctions applicable to the matrimonial agreement within the Romanian private international law

Author(s): Nadia-Cerasela Aniţei
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: future spouses or spouses; matrimonial agreement; the law applicable to matrimonial agreement sanctions; Romanian law as the law applicable to matrimonial agreement sanctions.

Summary/Abstract: The New Civil Code dedicates the 7th book to the provisions of private international law (Articles 2557-2664 of the Civil Code). Title II is entitled "Conflict of laws" (Articles 2572-2663 of the Civil Code) and dedicates Chapter II to family relationships (Articles 2585-2612 of the Civil Code). Section I of this chapter refers to marriage (Articles 2585-2602 of the Civil Code) and section 2 is devoted to the effects of marriage (Articles 2589-2596 of the Civil Code) Of this paragraph, the provisions on matrimonial agreement are contained by Article 2593 paragraph (1) letter (b) and Article 2594 of the Civil Code. Studying the provisions of Article 2593 paragraph (1) letter (b) and Article 2594 of the Civil Code we will notice that the new Civil Code does not devote any paragraph or article to the sanctions applicable to the conclusion of the matrimonial agreement in terms of private international law. Given these mentions, we want to show: first of all, which is the law we must apply to matrimonial agreement sanctions? and then see what are the sanctions applicable to matrimonial agreement in case the future spouses or spouses choose the Romanian law as the law applicable to matrimonial agreement?

  • Issue Year: 2012
  • Issue No: 01
  • Page Range: 47-57
  • Page Count: 11
  • Language: Romanian