Is it Possible to Conclude a Marriage on the Romanian Territory by Foreign Citizens Having the Same or Different Citizenships? Cover Image
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Este posibilă încheierea unei căsătorii pe teritoriul României de către viitori soţi cetăţeni străini cu aceeaşi cetăţenie sau de cetăţenii străine diferite?
Is it Possible to Conclude a Marriage on the Romanian Territory by Foreign Citizens Having the Same or Different Citizenships?

Author(s): Nadia-Cerasela Aniţei
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: Universul Juridic
Keywords: Romanian civil code; Romanian private international law; future spouses foreign citizens with the same citizenship; spouses of different foreign citizens;

Summary/Abstract: The article studies the provisions of art. 2586 C marginal name "The law applicable to the marriage background" provides: "The substantive conditions required for the marriage are determined by the national law of each of the future spouses at the time of marriage. (1) If one of the foreign laws thus determined provides for an impediment to marriage which, under Romanian law, is incompatible with the freedom to marry, that impediment will be removed as inapplicable if one of the future spouses is a Romanian citizen and the marriage ends on the territory of Romania " (paragraph 2) and art. 2587 C. civ. With the marginal name "The law applicable to marriage formalities" states: "The form of marriage is subject to the law of the state on whose territory it is celebrated. (paragraph 1) Marriage which ends in front of the diplomatic agent or consular officer of Romania in the state in which he is accredited is subject to the formalities provided by the Romanian law" (paragraph 2) and will answer, based on these provisions, to the question: is it possible to conclude a marriage on the territory of Romania by future spouses foreign citizens of the same nationality or different foreign citizens?

  • Issue Year: 2018
  • Issue No: 01
  • Page Range: 60-70
  • Page Count: 11
  • Language: Romanian