The law applicable to the formal requirements of the marital agreement
The law applicable to the formal requirements of the marital agreement
Author(s): Nadia-Cerasela AniţeiSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: matrimonial regime; marriage agreement; conditions of validity of marriage agreement; the law applicable to the formal conditions of the matrimonial agreement; the Romanian law as the law applicable to the formal conditions of the matrimonial agreement.
Summary/Abstract: The new civil Code in the seventh book entitled "Provisions of Private International Law", Title II Conflict of Laws, Chapter II Family, Section I Marriage, paragraph 1, The contracting of marriage, art. 2.585-2.587 does not define the notion of marriage but according to art. 2.586 of the new civil Code the substantive conditions of marriage are governed by the national law of each spouse in accordance with art. 2.587 of the new civil Code when the formal requirements of marriage are governed by the law of the State where marriage is contracted. In our previous studies we asked the following question: what primary qualification governing the conditions of validity of marriage agreement? what the law applicable to the substantive conditions of matrimonial agreement?
Journal: Acta Universitatis Lucian Blaga. Iurisprudentia
- Issue Year: 2013
- Issue No: 01
- Page Range: 90-96
- Page Count: 7
- Language: English
- Content File-PDF