BRIEF OVERVIEW OF THE RULES GOVERNING THE CONFLICT OF LAWS IN SUCCESSION MATTERS ACCORDING TO THE NEW ROMANIAN CIVIL CODE

Abstract

The new Romanian Civil Code, in force since 2011, has introduced considerable changes from the previous code in a wide range of aspects concerning our private law, as a response to the significant social developments that took place in the past two decades. Adopting a “monist” view, this code is a vast and ambitious undertaking to institute a coherent treatment of all areas of the private law that have previously been regulated in separate laws or codes, including those regarding the international private law. The present article endeavors a brief analysis of the rules governing the conflict of laws in succession matters as set out in the new Romanian Civil Code, with comparative references to the previous applicable law, i.e. Law 105/1992, and to the new EU Regulation in this subject-matter. In the present context of ever-growing EU integration and increased global interconnectivity, a better understanding of the various national solutions to the conflict of laws can only benefit scholars and practicians alike.

Keywords

• conflict of laws
• succession
• private international law
• EU Regulation
• European Certificate of Succession.