The national legislation in the field of family relations with cross-border implications faces a notable complexity when it comes to complying with European standards. The effectiveness of such harmonization is limited by cultural and national specifics, with deep roots in secular traditions, which brings to the fore a context reluctant to transformation. Consequently, the personal relations between spouses have not yet reached a perfect synchr...

In private international law, renvoi (‘send back’) is the legal mechanism according to which the judge adjudicating in a litigation in which the Romanian law refers the case to a foreign law – in the application of the internal law of the foreign state – must also take into account the rules of private international law of this state, rules which, in the game of the conflict mechanism, can refer to Romanian law or even to the legal...

Like any contract, the individual employment contract can be related to different legal systems which give rise to a conflict of laws. The connection with a foreign legal system can derive from the most disparate elements characterizing the contract: the citizenship or regular residence of the parties, the place where the contract was concluded or was performed in whole or in part, the headquarters of the employing company or even, simply, th...

Among the most debated legal issues at both national and international level, in the current period, we find the effects on contractual relations, generated by the SARS-CoV-2 pandemic and by the measures ordered by the public authorities to limit the effects of the virus on human health, measures which had to leave the economy in the background. In matters of performing contractual relations, in progress at the time of the emergence of the pan...

The exponential growth in recent years of marriages or de facto unions between citizens from different countries or citizens having their regular residence in countries other than their country of origin, has inevitably led to a significant increase in trials concerning juvenile and family matters, characterized by the presence of one or more foreign elements. In this context, the national judicial authorities often face complex situations inv...

This article aims to provide arguments for several legal issues, starting from criticizing a recent erroneous jurisprudential solution, recalling, in essence, the fact that under the special laws of remedy in the field of property, the legislature instituted cases of reinstatement ope legis within the term of accepting the succession of the authors (former owners of the property whose restitution is requested), by the request/notification of re...

This study aims, on the one hand, to give an overview of the rules of the Proposal for a Directive of the European Parliament and of the Council on common minimum standards of civil procedure in the European Union, and, on the other hand, to make a comparison of these rules with the internal ones. The observance of the right to an effective remedy and to a fair trial, are desiderata that can be achieved by “setting minimum standards for the in...