ASPECTS OF PRIVATE LAW WHICH ARE NOT ENFORCED BY THE REGULATION (EU) No. 650/2012

Ioana Nicolae

Abstract


A novelty element which concerns even Romanian citizens is the enforcement of Regulation (EU) no 650/2012. Although the area of enforcement of the regulation should include all aspect of civil law regarding a deceased person’s patrimony, certain aspects were deliberately left out from the enforcement area of this regulation, as the questions governed by the law of companies or relating to matrimonial property regimes. To illustrate the effects of the death of an associate in a company, we will provide a short comparative presentation of the continuance of the collective society with the heirs of the deceased partner as regulated by Law no 31/1990 regarding Romanian companies as opposed to the French Civil Code. Also, our brief analysis of the Proposal for a Council regulation on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes, may shed some light on what is to come in matrimonial property regimes.

Full Text:

PDF

References


M. Barbu, Can the heirs continue as associates in a limited responsibility company instead of their deceased author? in ―Judicial Courier‖, no. 1/2009,

S. D. Cărpenaru, Romanian commercial law treaty, ―Universul Juridic‖ Publishing House, Bucharest, 2012.

V. D. Zlătescu, Panorama of the great contemporary systems of law, ―Continent XXI‖ Publishing House, Bucharest, 1994.

European Commission, Notice of the Commission to the European Parliament, Council, the European Economical and Social Committee and the Regions’ Committee - Eliminating uncertainty in regard to the patrimonial rights of international couples, COM (2011) 125 final, Brussels, 16.3.2011.

European Commission, Suggestion of regulation regarding the competence, the law which applies, acknowledgement or the execution of legal decisions in the matter of matrimonial regimes, Brussels, 16.03.2011, COM (2011) 126 final.

European Parliament, Report regarding the suggestion of regulation regarding the competence, the law which applies, acknowledgement or the execution of legal decisions in the matter of matrimonial regimes, A7-0253/2013, 20.08.2013.




Editor-in-Chief

 

Associate Editor-in-Chief

  1. PhD. Professor Cornelia Lefter, Academy of Economic Studies, Bucharest, Romania
  2. PhD. Professor Adriana Manolescu, Agora University of Oradea, Romania
 

Scientific Editor

 

Executive editors

  1. PhD. Professor Salvo Ando, University “Kore” Enna, Italy
  2. PhD. Associate Professor Alina Angela Manolescu, Agora University of Oradea, Romania

Associate editors

  1. PhD. Professor Alfio D'Urso, University „MAGNA GRECIA” University of Catanzaro, Italy
  2. Agnieszka Wedeł-Domaradzka, University of Economy in Bydgoszcz, Poland
  3. PhD. Alexandru Cordos, Christian University ”Dimitrie Cantemir”, Romania
  4. PhD.in Law, Assistant Professor José Noronha Rodrigues, Açores University, Portugal
  5. PhD. Professor Luigi Melica, University of Lecce, Italy
  6. PhD. Professor Jozsef SZABADFALVI, University of Debrecen, Hungaria
  7. PhD. Professor Farkas Akos, University of Miskolc,  Hungary
  8. PhD. Szabó Szabó BÉLA, University of Debrecen, Hungary
  9. PhD. Professor Brânduşa Stefanescu, University of Economics, Bucharest, Romania
  10. PhD. Professor Ovidiu Predescu, ″Law Journal″ (assistant chief editor), "Criminal Law Journal″ (assistant chief), Bucharest, Romania
  11. PhD. Professor Ioan-Nuţu Mircea, associated professor ”Babeş-Bolyai“ University of Cluj-Napoca, Romania
  12. PhD. Professor Alexandru Boroi, Police Academy ”Alexandru Ioan Cuza“, Bucharest, Romania
  13. PhD. Professor Luminita Gabriela Popescu, National School of Political Studies and Public Administration, Bucharest, Romania

 

This journal is indexed in :

International Catalogs and Databases:

Stanford University Libraries

http://www.ulrichsweb.com

http://www.tulips.tsukuba.ac.jp

http://www.socolar.com

https://www.library.georgetown.edu/

http://library.usask.ca/ejournals

http://www.knowledgecenter.unr.edu

http://www.lib.ncsu.edu

Hong Kong University Librarie

EBSCO

HEINONLINE