THE LAW APPLICABLE TO THE SEPARATION OF BODY IN THE ROMANIAN PRIVATE INTERNATIONAL LAW
THE LAW APPLICABLE TO THE SEPARATION OF BODY IN THE ROMANIAN PRIVATE INTERNATIONAL LAW

Summary/Abstract: The article aims to study on the one hand the provisions regarding the law applicable to the separation of body enunciated in art. 2602 of the Civil Code with the marginal name "Law applicable to separation of body" provides: "The law governing divorce applies accordingly to separation of body." from the Romanian Civil Code. From the provisions of art. 2602 of the Civil Code, we deduce that by applying by analogy the provisions of art. 2597 of the Civil Code and art. 2600 Civil Code para. (3). The Romanian Civil Code does not regulate the separation of body as an independent institution but refers to "de facto separation" only as a reason for divorce (art. 373 letter c C civil) and in its guilt reflex (art. 379 para. ) C civ). In this context. Art. 2602 C civ appears as practically without object. On the other hand, to present the provisions of art. 5 - art. 8 and art. 10 of Regulation no. 1259/2010 implementing a form of enhanced cooperation in the area of the law applicable to divorce and legal separation. The article will be structured on two axes: 1. the law applicable to the separation of body from the perspective of the Romanian Civil Code; 2. the law applicable to the separation of the body from the perspective of Regulation no. 1259/2010 implementing a form of enhanced cooperation in the area of the law applicable to divorce and legal separation.

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