Aplicaţii ale autonomiei de voinţă în dreptul internaţional privat al familiei
Applications of the autonomy of will in the family private international law

Summary/Abstract: Autonomy of the will is present not only in the conflicts of law, but also in the conflicts of jurisdictions. The relationship of the private international law with the autonomy of the will is special. The latter accomplishes it as the law of private individuals, conferring flexibility on it (in terms of ranking the connecting points in the structure of the conflict rules) and increasing its attractiveness, by encouraging the development of the cross-border legal relationships. The function of the parties’ will is visible I many different areas with a foreign element. The family private international law is, par excellence, a field where the parties’ will has significant consequences, both from the perspective of national regulations and in the context of the Union law. Marriage is the primary source of the matrimonial property regime, the choice of which is at the parties’ disposal. These may designate the law applicable to the matrimonial regime, may amend it, and in case of any dispute, may refer to the choice of forum. The European law of matrimonial property regimes also establishes lex voluntatis in the designation of the applicable law. The dissolution of marriage shall be governed, in the new regulation of the Romanian law (according to the model of the EU law, by the parties’ autonomy in choosing the applicable law. The consolidated form of cooperation [Regulation (EU) no. 1259/2010] provides that, where the spouses have not made any choice as to the law applicable to divorce, the objective determination goes into action, for which the connection points indicated in the legal text are used.

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