scholarly journals BRIEF CONSIDERATIONS ON THE INFLUENCES OF THE UNION’S PROVISIONS IN THE NEW ROMANIAN CIVIL CODE

Author(s):  
Elise-Nicoleta Vâlcu ◽  
Ionel Didea

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 theinternational 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 newconception on family law stated in the code and with the European and internationalinstruments in the area of international private law. Specifically, the provisions of the newCivil Code on contractual and extra-contractual obligations are in accordance with theEuropean law found in Regulation (EC) No 593/2008 of the European Parliament and theCouncil of 17 June 2008 on the law applicable to contractual obligations (Rome I), as well asin Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July2007 on the law applicable to non-contractual obligations (Rome II).

2015 ◽  
Vol 3 (5) ◽  
pp. 0-0
Author(s):  
Татьяна Лазарева ◽  
Tatyana Lazaryeva

The article deals with conflict of laws regulation of transfer of creditor’s rights to another person (assignment of claims (cessions) and transfer of rights under the law) in terms of amendments to Part III of the Civil Code of the Russian Federation. The author notes that though amendments to the separate article on cession are not fundamental, the amendments of other articles of the Civil Code of the Russian Federation, concerning contractual obligations, do influence regulation of relations between the parties in assignment. The article pays special attention to the new conflict of law rule regulating the transfer of the creditor’s rights under the law. Relevant court practice is analyzed. On the basis of comparing legislations of specific countries, as well as norms of EC No. 593/2008 (‘‘Rome I’’) Regulation and EC No. 864/2007 (‘‘Rome II’’) Regulation the author draws the conclusion that despite some differences in conflict of laws regulation of the transfer of the creditor’s rights, in general the Russian rules comply with modern trends in private international law in the majority of European countries.


2019 ◽  
Vol 12 (1) ◽  
pp. 11
Author(s):  
Khaldoun Said Saleh Qtaishat

In the present article, the author examines one of the most important issues related to the international private law. This issue is how to determine the law applicable to damageable act in the high seas according to the Jordanian international private law. This problem is represented in the way of how the Jordanian legislator, in general, deals with the law applicable to the damageable act in the Jordanian civil code without dealing with the problem of identifying the law applicable to the damageable act in the high seas, which leads the author to ask and answer about how to determine the law applicable to this damageable act. The jurisprudence of the international private law pays great deal of attention to the problem of the law applicable to damageable act on the high seas, where many opinions try to solve it. The international community also takes notice of this problem as well as the result of this attention the emergence of the Brussels maritime Collision Convention in 1910. It is worth mentioning that Jordanian legislator has addressed the issue of maritime collision in the Jordanian maritime commercial law which contains numerous provisions that match perfectly with the provisions of the Brussels Collision Convention in 1910.


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