RELATIONS OF PRIVATE INTERNATIONAL LAW-BETWEEN TRADITION AND MODERNITY
RELATIONS OF PRIVATE INTERNATIONAL LAW-BETWEEN TRADITION AND MODERNITY

Summary/Abstract: We realize our approach, on the development of private international law reports, in the Romanian civil law in the context of a genuine legislative reform made through the entrance into force of the new Civil Code and the new Code of Civil Procedure. The monistic conception which fundaments this reform assumes that in our legal system, the new Civil Code represents the common law for the relations of the private life. This established that to the appurtenance of the traditional civil law to be added the other branches of private law which in one way or another belonged once to the civil law. Among these, the regulations from the sphere of private international law, occupy a very special place. Also concerning the analyzed relations, we find that the “return to the queen” of the rules of private international law, much improved, qualitatively and quantitatively. Of the several articles of the old Civil Code which served as a source of regulation to the regulations of private international law by capitalizing the traditional institutions in this way, vigorously sustained by doctrinal opinions and solutions of jurisprudence, has been coagulated the frame of our first law of private international law 105/1992. This law was absorbed by the new Civil Code, in the Book VII, suggestively entitled “Provisions of Private International Law”. In the power of tradition, a number of principles and institutions of private international law have survived. Others however have experienced substantial changes. Therefore one speaks about a review and completion on behalf of modernization of the existing Romanian private international law. Between the natural reflex of conserving the traditional resisting elements and the need to modernize this area, are part the efforts of the Romanian legislator to update and complete the existent provisions, in line with the latest developments at the international and European level.

• Details
• Contents