Aspecte de drept intern și european cu privire la alegerea legii aplicabile regimului matrimonial
National and European Legislation Aspects Regarding the Choice of Law Applicable to the Matrimonial Property Regime

Summary/Abstract: At international level there are cases that require the operation of qualification, the settlement of conflict of laws, or the application of foreign legislation to a real-life situation. Determining the applicable law to the matrimonial property regime is becoming more important once with the growing number of citizens of different nationalities who get married. The legislation, which regulates family relationships, particularly those between the spouses`, relies on the spouses` autonomy of will. The Romanian and European legislations in the field are both quite permissive relative to the applicable law. In order to harmonize the private international law, with the purpose of facilitating judicial cooperation in the field, the Council Regulation (UE) 2016/1103 of 24 June 2016 was adopted, with the main purpose of helping the European couples overcome the difficulties faced in joint property liquidation. The adoption of such legal instrument was vital considering that apart from mixed marriages, there is a growing tendency among families to migrate all over Europe. The present paper aims to make an analysis of the applicable law to the matrimonial property regime as regarded by the Romanian legislation and the latest European regulations.

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