Abstract: The choice-of-law rules of Regulation (EU) 2016/1103 differ from those provided in the Romanian Civil Code (2011) in eight respects: the law applicable to the family residence, the law chosen by the spouses to govern their matrimonial regime, the law that governs the formal requirements as well as the merits of the agreement on the law applicable to the matrimonial regime, the law that governs the form of the matrimonial agreement, the law that governs the matrimonial regime in default of a chosen law, the domain of the law that governs the matrimonial regime and, finally, the law that governs the opposability and the publicity of the matrimonial regime. There are reasons both for compelling the Romanian legislator to copy the choice-of-law rules of the regulation into the code and for maintaining the original choice-of-law rules of the Civil Code on the matrimonial regime.

Keywords: choice-of-law rules; matrimonial regime; Regulation (EU) 2016/1103; Romanian Civil Code.