Aspecte privind legea aplicabilã clauzei de rezervã a dreptului de proprietate inclusã într-un contract internaþional
Issues regarding the law applicable to the title retention clause included in an international contract

Summary/Abstract: The institution of reservation of title raises some difficulties concerning the determination of the law applicable in an international context. While the Article 91-f of the 105/1992 Act on private international law submit to the lex contractus “the validity and the effect between the parties of the retention of title”, Article 49 of the same Act states that property and other real rights are governed by the lex rei sitae. The study is mainly devoted to the articulation of the two texts, without ignoring the problem of invoking the reservation of title clause in the context of an insolvency procedure, where the application of additional law, lex concursus (the law of the court seized) must also be considered.

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