Conflict of laws’s Regulation in Special Situations According to the Romanian Private International Law Rules Cover Image
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Reglementarea conflictelor de legi în situaţii speciale conform normelor juridice din dreptul internaţional privat român
Conflict of laws’s Regulation in Special Situations According to the Romanian Private International Law Rules

Author(s): Nadia-Cerasela Aniţei
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: conflicts between the laws of the State in which several legal systems coexist; conflict of laws in the case of succession of states; conflict of laws in case of the unacknowledged state;

Summary/Abstract: This article aims to present the conflict of laws in special situations. We will analyze and present: 1. The conflict between the laws of the State in which several legal systems coexist. Next, we will study the situation in which the Romanian conflict of law refers to a legal system in which several legal systems coexist; 2. The conflict of laws in case of succession of states. Assuming that, between the occurrence of the legal relationship and that of the arbitral proceedings, the State the legal system of which sends the conflict rule of the court or tribunal in a third country (for example Romania) disappeared, arises the question whether the law of the State which has ceased to exist or that of the successor State will be applied; 3. The conflict of laws in case of the unacknowledged state. The hypothesis considered is that in which the conflict of law rule of the forum refers to the legal system of a state which is not recognized by the State forum; 4. Interpersonal conflict. Interpersonal conflicts arise where, within the same state, people are subject based on the ethnic or confessional criterion to laws and possibly to different jurisdictions.

  • Issue Year: 2016
  • Issue No: 1
  • Page Range: 153-166
  • Page Count: 14
  • Language: Romanian
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