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Luiza-Cristina GAVRILESCU: The reflection of inter-temporal law principles in the new Civil Code

Abstract: The purpose of this study is to analyze the issues related to civil law enforcement. The basic principle governing this area is that civil law has no retroactive power. If a legal situation is consumed, in all its aspects, the application of the new law is excluded. As a consequence of this rule, another principle establishes that the new law is implemented immediately on all situations that are formed after it came into force. Given the novelty of institutions introduced by the new law, is allowed the possibility that the old law to continue to govern the future effects of legal relationships arising under its authority, to the extent that they continue to survive under the current regulation. However, this exception is applicable in particular to contractual relationships, borned on the ground of freedom of will, because in  terms of those established by law, such as matter of personality rights or property, the interest in applying the new law comes first.

Key words: Romanian new Civil Code; the draft law for implementing the new Romanian Civil Code; regulation on the implementation of civil law in time;  non-retroactivity of the civil law

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Copyright Faculty of Law, IAŞI , 2022
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