Probleme de drept internațional privat specifice regimurilor matrimoniale. Tendințe comunitare.
Private international law issues specific to matrimonial systems. Community trends.
Author(s): Cristina-Mihaela NicolescuSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: private international law; matrimonial systems; Community law; marriage; conflicting rules.
Summary/Abstract: Taking into consideration the fact that the globalization of the social, economic and cultural life is placing more and more married couples in an international context, the understanding and correct application of the private international law mechanisms in matrimonial matters acquires a special significance. The modern regulatory trends have been accepted by the Romanian lawmaker, as well, and the New Civil Code includes in its 7th Book „Private International Law Provisions” the provisions of Law no. 105/1992, yet revised, in order to be harmonized with the new conception in the matter of family law, as well as with the Community and international instruments in the field of private international law. One of the fundamental principles established is that of the spouses’ autonomy of will, namely the possibility to choose, within certain limits, the law applicable to the matrimonial system. The new regulation thus reflects the principle establish by the 1978 Hague Convention regarding the law applicable to matrimonial systems and restated in the European Commission’s Green Book, published in 2006.
Journal: Revista Română de Drept Privat
- Issue Year: 2009
- Issue No: 06
- Page Range: 128 - 157
- Page Count: 30
- Language: Romanian
- Content File-PDF