STUDIU ASUPRA APLICĂRII PRIN ANALOGIE A DISPOZIŢIILOR ART. 2639 C. CIV. ŞI CONDIŢIILOR DE FORMĂ ALE PROMISIUNII DE CĂSĂTORIE (LOGODNEI)
STUDY ON THE APPLICATION BY ANALOGY OF THE PROVISIONS OF ART. 2639 C. CIV. AND THE FORMAL CONDITIONS OF THE PROMISE OF MARRIAGE (ENGAGEMENT)
Author(s): Nadia-Cerasela AniţeiSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: primary qualification; engagement concept; substantive conditions required for concluding promise of marriage; the law applicable substantive conditions required for concluding promise of marriage;
Summary/Abstract: Given that the article entitled „What is the law applicable to the formal conditions of the promise of marriage (engagement) considering that the provisions of the Romanian Civil Code do not provide any regulation in this regard? Form of the promise of marriage (engagement), considering that the provisions of the Romanian Civil Code do not provide us with any regulation in this regard?” I argued that we would apply by analogy the provisions of art. 2639 C. Civ. We propose that in this article we analyze the formal conditions of the conclusion of the promise of marriage when applied: 1. the national law of each of the future spouses at the end of the promise; 2. the law of the place where it was drawn up; 3. the law of citizenship or the law of the habitual residence of the person who consented; 4.the law applicable under the private international law of the authority examining the validity of the legal act.
Journal: Universul Juridic
- Issue Year: 2017
- Issue No: 04
- Page Range: 62-67
- Page Count: 6
- Language: Romanian