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Cosmin DARIESCU: New Romanian choice-of-law rules on marriage effects

Abstract: The Romanian Private International Law has acquired new choice-of-law rules on the effects of marriage by Articles 2589 to 2596 of the Romanian Civil Code 2009 (enforced since October 1, 2011). These rules represent an original adaptation of Articles 48 to 54 of the Belgian Code on Private International Law 2004, of Article 3089 paragraph 2 of the Civil Cod e of Quebec and of Article 20 paragraph 2 of Law no. 105 of 1992 on the Settlement of the Private International Law Relations. The new Romanian choice-of-law rules were drafted following the answers given to The Green Paper on the Conflict of Laws in Matters Concerning Matrimonial Property Regimes, Including the Questions of Jurisdiction and Mutual Recognition. As a novelty, these choice-of-law rules introduce into Romanian Law the concepts of habitual residence (instead of domicile) and of general effects of the marriage.

Key words:  choice-of-law rules, marriage effects, Romania


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