Dreptul internațional privat – liantul României Mari
Private international law – the bond of the Greater Romania
Author(s): Cosmin DariescuSubject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: private international law; interprovincial law; the Greater Romania; interprovincial choice-of-law rules; interprovincial civil jurisdiction
Summary/Abstract: After the First World War, six different systems of civil law were enforced in Greater Romania. The conflicts among these systems were settled through interprovincial law, carved by scholars and jurisprudence according to the Private international law template. This paper aims to present the choice-of-law rules and the jurisdiction grounds of the Romanian interprovincial law. The choice-of-law rules were organized according to the following principles: the status and capacity of persons were subjected to the law of the domicile of origin, movables and real estates were governed by lex rei sitae and the formal validity of legal act was subjected to the place where the act was concluded. The effects of acquired rights were subjected to the local law. Their enforcement was governed by lex loci executiones. Only the exclusive jurisdiction rules of the local law ought to be observed by the judge. For the rest of the jurisdiction rules, the local judge had to follow the jurisdictional grounds provided in the Civil Procedure Code of the Old Kingdom of Romania. The judicial decisions delivered in one province were enforced without exequatur in the other provinces.
Journal: Revista „Dreptul”
- Issue Year: 2018
- Issue No: 09
- Page Range: 9-19
- Page Count: 11
- Language: Romanian
- Content File-PDF