Tradition, Reform And Harmonization Trends in Matters of Matrimonial Agreement in Romanian Private International Law
Nadia Cerasela Aniţei
Abstract
Open-access reader
Nadia Cerasela Aniţei
Abstract
Open-access reader
property regimes) in private international law that a) studies the legal mechanisms by which, in both Romania and abroad, the competent legal system governing such agreements involving a foreign element between spouses is established; and b) studies the trends resulting from European unification of national legislation in this vast field.Three particular aspects will be focused upon in my presentation:a. Classical issues involved in determining the law governing matrimonial agreement.In Romanian law, the legal literature old considered art. 2 of the Romanian Civil Code as the only source of private international law.The three paragraphs of this article related to: goods, people and form legal documents, dedicating three basic solutions: lex rei sitae, lex patriae and rigit locus actus formam.Subsequently, Law 105/1992 on the regulation of private international law dedicated: Article 20 personal and property relations between spouses and 21 matrimonial convention.Legislative reform in matters of matrimonial agreement in the Romanian Civil Code.In 2011 in Romania, the legislative reform of fundamental institutions of civil law was accomplished by adopting the new Civil Code which came into force on October 1, 2011.From the provisions of the articles cited it can be noted that the articles on the effects of marriage (Articles 2589-2596 Civil Code).
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property regimes) in private international law that a) studies the legal mechanisms by which, in both Romania and abroad, the competent legal system governing such agreements involving a foreign element between spouses is established; and b) studies the trends resulting from European unification of national legislation in this vast field.Three particular aspects will be focused upon in my presentation:a. Classical issues involved in determining the law governing matrimonial agreement.In Romanian law, the legal literature old considered art. 2 of the Romanian Civil Code as the only source of private international law.The three paragraphs of this article related to: goods, people and form legal documents, dedicating three basic solutions: lex rei sitae, lex patriae and rigit locus actus formam.Subsequently, Law 105/1992 on the regulation of private international law dedicated: Article 20 personal and property relations between spouses and 21 matrimonial convention.Legislative reform in matters of matrimonial agreement in the Romanian Civil Code.In 2011 in Romania, the legislative reform of fundamental institutions of civil law was accomplished by adopting the new Civil Code which came into force on October 1, 2011.From the provisions of the articles cited it can be noted that the articles on the effects of marriage (Articles 2589-2596 Civil Code).
Key concepts: Romanian, Harmonization, Political science, Law, Agreement, Conflict of laws, Philosophy, Linguistics