The law applicable to civil partnership in the Romanian law. De lege ferenda proposals (I) Cover Image
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Legea aplicabilă parteneriatului civil în dreptul român. Propuneri de lege ferenda (I)
The law applicable to civil partnership in the Romanian law. De lege ferenda proposals (I)

Author(s): Călina Jugastru
Subject(s): Civil Law, International Law, EU-Legislation
Published by: Uniunea Juriștilor din România
Keywords: civil partnership; European solutions; national models; Romanian law; conflict rule; legislative proposals; substantive conditions; form conditions;

Summary/Abstract: The law of civil partnerships begins to write its history, and the national regulations are characterized by diversity (as the case may be, they enshrine the civil/registered partnership or do not enshrine the institution, they give effect to only one type of partnership – between persons of different sex or between persons of the same sex or both variants). In this environment, it is legitimate to reflect on a possible regulation of civil partnership in Romanian law. We do not believe that it is possible to identify a perfect conflict norm, so each of the laws that we will list has advantages and, at the same time, disadvantages of application. The first part of the study deals with the substantive and formal conditions of the civil partnership, and the second part considers the effects of the civil partnership and its dissolution. Each of these aspects includes a set of potentially applicable laws, with complex analyzes of the arguments advocating for the adoption of the respective solution or for its removal from future legislation. For this matter that claims a substantial and conflictual future, we will select some solutions, from a non-exhaustive perspective.

  • Issue Year: 2023
  • Issue No: 07
  • Page Range: 9-34
  • Page Count: 26
  • Language: Romanian