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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