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- Title
Privire critică asupra dispoziţiilor art. 5 noul Cod civil vizând aplicarea prioritară a dreptului unional.
- Authors
GHERDAN, Sergiu
- Abstract
According to art. 148. (2) of the Romanian Constitution, the constituent treaties of the European Union and mandatory European regulations take precedence over the provisions of the national laws. New Romanian Civil Code, recently entered into force on 1 October 2011, referring in art. 5 to priority of EU law application", provides that in matters governed by this Code, rules of EU law applies with priority, no matter the quality or status of the parties. Therefore, in accordance with Civil Code in the matter of private law would have primacy the whole EU law, not just those rules who are mandatory. In this material, the author analyzes the theoretical and practical implications of the inadvertence reported.
- Subjects
ROMANIA; SOFT law; EUROPEAN Union; CIVIL law; MANDATORY arrest laws; SOCIAL norms
- Publication
Pandectele Române, 2013, Issue 2, p101
- ISSN
1582-4756
- Publication type
Article