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11 Jurnalul de Studii Juridice 13 (2016)

handle is hein.journals/jstudice11 and id is 1 raw text is: THE SCOPE OF THE NOTION OF PROMISE OF MARIAGE (ENGAGEMENT) IN ROMANIAN PRIVATE INTERNATIONAL LAW Nadia-Cerasela ANITEI' Abstract: The Cvl Code, in Article 2585 does not define the notion of marriage promise, butArticle 2585 paragraph (1) Civil Code., refers to the substantive conditions required for concluding the promise of marriage and paragraph (2) refers to the effects of the promise of marriage and the consequences of breaching it Regarding the Romanian private international law, the primary classification is performed by Romanian law, the law of the forum for any Romanian pub/c authority. Thus, according to art.2558 of the new Civil Code When the determination of the applicable law depends on the classification that has to be given to an institution of law or to a legal relationship, we should consider the legal classification established by the Romanian law (paragraph 1) Two observations must be made: first, that the term institution of law must be interpreted lato sensu, including legal terms as well, and the second that the exceptions in paragraphs 2,3,4,5, are strictly interpretative. So, according to art 2558 paragraph 1 o the new Cvl Code, the primary classification is alwayspeformed based on the Romanian law, namely in accordance wiith the terms used by the Romanian legal system. Also, the classification of an issue as procedural or substantive is made by the Romanian law. So, to clarify the meaning of the conflicting rules of Article 2585 Civil Code it is necessary to make the primary qualification of the notion of the promise of marriage in Romanian law. The institution of matrimonial engagement is regulated in the Giil Code, Chapter 1 entitled The Matrimonial Engagement, in the 2nd Title, 'Marriage of the 2nd Book, On Family art. 266-270. Art. 266, paragraph I of the Civl Code stifpulates that the matrimonial engagement is the mutualpromise tofpeorm the marriage. In this context we shall study the concept of engagement in Romanian private international law. Keywords: Romanian private international law; classification that has to be given to an institution of law; institution of matrimonial engagement is regulated in the Cvl Code, concept of engagement in Romanian private international law. 1 Professor PhD, Faculty of Law, Social and Political Sciences, Dunarea de Jos University, Galat, Romania, e-mail: ncerasela@yahoo.com, nadia.anitei@ugal.ro. 13 Anitei, N. C. (2016). The Scope of the Notion of Promise of Mariage (Engagement) in Romanian Private International Law. Jurnalul de Studii Juridice, Year XI, No. 1-2, June 2016, 13-20.

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