LEGEA APLICABILĂ CONDIŢIILOR DE FOND ALE PROMISIUNII DE CĂSĂTORIE (LOGODNEI)
THE LAW APPLICABLE TO THE SUBSTANCE OF THE PROMISE OF MARRIAGE (BETROTHAL)

Summary/Abstract: Civil Code, art. 2585 does not define the notion of promise of marriage, but art. 2585 par. (1) Civil Code, Refers to „substantive conditions required for concluding promise of marriage” and para. (2) refers to „the effects of promise of marriage and the consequences of breaching them”. Regarding the Romanian private international law, the primary classification is Performed by Romanian law, the law of the forum for any public Romanian Authority. Thus, According to art.2558 of the new Civil Code „When the determination of the applicable law depends on the classification That has to be given to year to the institution of law or legal relationship, we shouldn’t consider the legal classification by the Romanian decides law (paragraph 1) So, to clarify the meaning of conflicting rules of art. 2585 Civil Code. Primary qualification is necessary to perform the notion of promise of marriage in Romanian law. In this context we study the concept of engagement in private international law Roman. Regarding the substantive conditions required for concluding promise marriage art. 2585 paragraph (1) of the Civil Code. States that „are determined by the national law of each of the intending spouses promise closing date”. If we apply the substantive conditions of Engagement promise Romanian law will have to make sense to clarify primary conflict rules laid down in art. 2585 paragraph (1) C. civ. that the notion of „substantive conditions,” the Romanian Civil Code stability provisions of art. art. 266 par. (2) . This article aims to study the conflict rules laid down in art. 2585 paragraph (1) C. civ. namely, the notion of „background conditions” in light of the provisions of stabilt Romanian Civil Code art. art. 266 par. (2) .

• Details
• Contents