Câteva aspecte privind impactul dreptului Uniunii Europene asupra dreptului internațional privat român.
Author(s): Gheorghe Buta
Several Aspects of the Impact of Eu law on the Romanian Private International Law
Subject(s): Civil Law, International Law, EU-Legislation
Published by: Editura Academiei Române
Keywords: Romanian private international law; European Union; European regulations;Romanian Civil Code;
Summary/Abstract: Romanian private international law, similar to the private international law of other European Union member states, went through important transformations following the “europeanisation” of this field of law. An increasingly wide area of the Romanian private international law has its source directly in the European regulations. For instance, as regards the law applicable to contractual obligations, art. 2640 from the Romanian Civil Code makes direct reference to the EU regulations, and as regards the law applicable to divorce, the provisions from the Romanian Civil Code are largely inspired by Council Regulation (EU) No 1259/2010 of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation (Rome III Regulation). In addition, the Romanian lawmaker chose to draw inspiration from EU private international law even when drafting purely national law provisions. For instance, some provisions in the Romanian Code of civil procedure regarding the jurisdiction of the courts draw inspiration from Brussels I Regulation. The current article aims at outlining several impact points between EU law and Romanian private international law, starting from the history of the step by step extension of the EU regulations in the field of conflict-of-laws and conflict-of-jurisdictions.
Journal: Studii și Cercetări Juridice – Serie Nouă
- Issue Year: 2017
- Issue No: 2
- Page Range: 211-224
- Page Count: 13
- Language: Romanian