LEGEA APLICABILĂ REGIMULUI MATRIMONIAL: DOUĂ REGLEMENTĂRI PARALELE
THE LAW APPLICABLE TO THE PATRIMONIAL EFFECTS OF THE MARRIAGE: TWO PARALLEL REGULATIONS

Summary/Abstract: Marriage with a foreign element generates patrimonial effects and personal relationships between husbands. The common notes, as well as a number of differences, can be noticed on the occasion of the examination of the patrimonial status of the spouses in terms of private international law. The provisions of the Romanian Civil Code entered into force prior to the adoption and entry into force of Regulation (EU) 2016/1103. However, there are observable elements that bring the two regulations closer together, and at the same time differences in the concept of conflict of laws. Romania is not a party to the enhanced cooperation established by Regulation (EU) 2016/1103. Therefore, its provisions will be applied in parallel with the provisions of the Romanian Civil Code, until the moment of the cooperation on the matrimonial regime. In the legal relations generated by the matrimonial regimes between the European states, parties to the enhanced cooperation, the Regulation will apply from January 29, 2019. In the legal relations of Romania with the European states (parties to the enhanced cooperation), with the European states that do not participate in enhanced cooperation and relations with third countries, the provisions of the national private international law (Book VII of the Civil Code) will continue to apply.

• Details
• Contents