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- Title
LEGEA APLICABILĂ REGIMULUI MATRIMONIAL. DREPT ROMÂN.
- Authors
JUGASTRU, Călina
- Abstract
The private international law of matrimonial property regimes is a prolific field, whose legislative base has diversified in the last years. National jurisprudence has a core of constancy, but the norms specific to the element of strangeness know a tax dynamics, especially, the European integration and the modification of the legislator's vision regarding certain notions or concepts. The new European regulations have resized judicial cooperation between the Member States and foreshadow harmonization mechanisms aimed at simplifying procedures. Romanian law promotes modern solutions in the regulation of the matrimonial regime with an element of strangeness. The possibility of the parties to resort to the choice of lex causae is among the international tendencies to amplify the role offered to the will, as a connecting element in cross-border family relationships. Along with the subjective determination of the applicable law, the objective location of the matrimonial regime is subordinated to the observance of the compulsory legal chronology, related to the set of variants expressly mentioned by the Civil Code.
- Subjects
SPOUSES' legal relationship; MARITAL property; DOMESTIC relations; CONFLICT of laws; FAMILY relations; COOPERATION
- Publication
Acta Universitatis Lucian Blaga, 2019, Issue 1, p11
- ISSN
1582-4608
- Publication type
Article