THE NOTION OF FOREIGNER AND THE LEGAL CONDITION OF THE FOREIGNER IN PRIVATE INTERNATIONAL LAW
THE NOTION OF FOREIGNER AND THE LEGAL CONDITION OF THE FOREIGNER IN PRIVATE INTERNATIONAL LAW
Author(s): Mihaela PopSubject(s): Law, Constitution, Jurisprudence, Civil Law, International Law, Comparative Law
Published by: Österreichische Nationalbibliothek Wien/ Österreichisch-Rumänischer Akademischer Verein
Keywords: the institution of the foreigner; international private law; the legal condition of the foreigner;
Summary/Abstract: Each country establishes the rights and obligations of foreigner, their entry, stay and exit from its territory, that is, the regime of foreigners. To the extent that the forum state does not recognize a certain right to the foreigner, there can be no discussion of the ways of exercising it and the law governing it.The legal condition of the foreigner (or the regime of the foreigner) represents the whole legal norms in the legal system of the forum regarding the rights and obligations of the foreigner (natural person or legal person) in a certain country.The legal condition of the foreigner is related to the conflict of laws, in the sense that only to the extent that a certain right is recognized to the foreigner arises a conflict of laws.In our country the legal condition of the foreigner is provided by Romanian law, as the law of the place where the foreigner is living. Therefore, the legal condition of the foreigner is established by the state of residence, hence its unilateral character. However, the possibility of concluding international conventions on the legal status of the foreigner should not be excluded, which gives him a bilateral character.
Journal: Conferința Internațională Educație și Creativitate pentru o Societate Bazată pe Cunoaștere - DREPT
- Issue Year: XVI/2022
- Issue No: XVI
- Page Range: 105-111
- Page Count: 7
- Language: English