BRIEF CONSIDERATIONS ON THE INFLUENCES OF THE UNION’S PROVISIONS IN THE NEW ROMANIAN CIVIL CODE
DOI:
https://doi.org/10.15837/aijjs.v7i2.506Keywords:
the principle of autonomy of will, objective criteria, habitual residence, characteristic performace, regulationAbstract
Considering that on 1 October 2011 took place a real reform of the internationalprivate law with the entrance into force of the new Romanian Civil Code, the provisions of the
international private law were gathered in Book VII “International Private Law Provisions”,
aiming to integrate the revised Law No 105/1992 to synchronize its provisions with the new
conception on family law stated in the code and with the European and international
instruments in the area of international private law. Specifically, the provisions of the new
Civil Code on contractual and extra-contractual obligations are in accordance with the
European law found in Regulation (EC) No 593/2008 of the European Parliament and the
Council of 17 June 2008 on the law applicable to contractual obligations (Rome I), as well as
in Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July
2007 on the law applicable to non-contractual obligations (Rome II).
References
Fl. A. Baias, E. Chelaru, R Constantinovici, I Macovei (coord.), The New Civil Code, commented on Articles 1-2664, C.H. Beck Publishing-house, Bucharest, 2012;
Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I);
Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II);
Directive 2002/83/EC of the European Parliament and of the Council of 5 November2002 concerning life assurance, amended by Directive 2008/19/EC concerning life assurance, as regards the implementing powers conferred on the Commission (OJ L 76, 19.03.2008);
Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours.
