Nowe rumuńskie prawo prywatne międzynarodowe

Abstract

The new set of Romanian conflict-of-law rules came into force on the 1st October, 2011, included in the new Civil Code. The regulations in question are included in Book VII of the Code. Among them special attention should be drawn to the regulations concerning the following issues: 1) within the general part-hierarchy of sources of international private law, qualification, renvoi, interpretation and application of foreign law, public policy, correction of law applicability due to a closer connection of a considered case with other law than the law applicable under the regulations of the act, overriding mandatory provisions, determination of law which should be treated as the national law in case of multiple nationality and in case of stateless persons and refugees; 2) within the specific part-protection of a minor and protection of a mature person, a promise to contract marriage, personal and property relations between spouses, a dissolution of marriage, determination of a child’s origin, adoption, property and possession laws, inheritance law, contractual obligations, legal deeds, non-contractual obligations, maintenance obligations as well as trust; while the comparison of these regulations with the regulations of act 105/1992 (heretofore regulating the international private law issues) enables us to notice that: 1) in relation to some of the issues the solutions applicable so far have been repeated, 2) significant number of the preceding dispositions, however, have been modified, while 3) some of the sets of norms introduced within the new regulation of the conflict-of-law issues represent an absolute novelty in Romanian international private law, having no equivalent in the previous provisions.