Conditii de Fond ale Actului Juridic in Dreptul International Privat. Comparatie intre Reglementarea din Republica Moldova si cea din Romania
Material Conditions of the Juridical Act in the International Private Law. Comparison between the Moldavian and Romanian Legislation

Summary/Abstract: The article presents comparatively the material law aspects and the conflicts of law dispositions regarding the material conditions of the juridical act, which are are the subject of lex actus, from the points of view of the Romanian and Moldavian legislations. The reader can find inside this paper the provisions from articles 199-207, 1609 line 2 and 1621-1623 line 1 from the Moldavian Civil Code, articles 948-985 from the Romanian Civil Code of 1865, articles 1179 line 1, 1180-1239 and 2633- 2634, articles 2636 and 2637-2638 from the Romanian Civil Code of 2009 and articles 66-67 and 69-70 of the Romanian Law no. 105/1992. The study starts from the Moldavian Civil Code dispositions which stipulate that the material conditions of the juridical act are established by the law chosen by its author (lex voluntatis) or by law of the state that the juridical act is mostly connected to or by the law of the place where the act was signed. If the law applicable to the material conditions of the act imposes an authentic form, this requirement can not be eluded, even if it was signed abroad. The accessory act is governed by the state law that regulates the material conditions of the main act, if the contracting parties have not chosen otherwise. The will, as a unilateral juridical act, is governed, in regard to the material validity conditions and its effects, by the successor law (lex succesionis), that is different when it refers to the mobile goods (the national law of the deceased) or to immovable property (the law of the state where the goods are situated).

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