Legea naţională - punct de legătură conform dispoziţiilor Codului civil român
National law - a binding point according to the provisions of the Romanian Civil Code

Summary/Abstract: Given the legislative reform through the adoption in 2011 of the Civil Code by introducing the provisions on private international law in Book VII we shall dedicate this article to the "national law". The article will analyze aspects related to: the tradition of the "national law" as the law regulating personal status, the tradition of "national law" in Romanian private international law and the national law in accordance with the provisions of the Civil Code. In the first section we shall make a short presentation of the national law based on art. 3 of the Napoleonic Code which used for the first time in art. 3 the concept of "national law" and we shall eventually see that over time French specialists have become the partisans of the domicile or of the habitual residence law in matters of personal status. In the second section we shall show that in Romania, the "national law" as a unique connection to the personal status was accepted on December 1, 1865, along with the entry into force of the old Romanian Civil Code which took on the provisions of art. 3 paragraph (3) of the French Civil Code, in art. 2 paragraph (2). Later, in 1992, following the social and economic changes which had occurred in Romania, they adopted Law no. 105/1992 on the regulation of private international law relationships which regulated “national law” for the conflict of laws in case of the individual in art. 12 and in case of the legal person in art. 40. We shall explain in this section the concept of "national law" in terms of art. 12 and art. 40 of Law no. 105/1992. We shall devote the third section to the conflict of laws on “national law" aimed at individuals and legal persons regulated by the provisions of the Civil Code in the following articles: art. 2568, art. 2569 and art. 2571. In this section we shall explain and try to clarify what is meant by the concept of "national law".

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