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.

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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.

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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.

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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.




DOI: https://doi.org/10.15837/aijjs.v9i4.2318

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