The Difficulties of Solving Litigation Concerning the Patrimonial Effects of a Marriage Between an Italian Citizen and a Romanian Citizen

Cosmin Dariescu

Petri Andrei, University of Iasi, Romania

Nadia Cerasela Dariescu

Alexandru I. Cuza, University of Iasi, Romania

JPrivIntL Vol 4 Issue 1 (April 2008)

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Abstract

In the process of solving the litigations on the patrimonial effects of a marriage between an Italian citizen and a Romanian one (residing in Italy), both the parties and the courts will have to overcome three kinds of difficulties: 1. the problem concerning the choice-of-law rules to be applied. 2. the difference that appears between the Romanian private international law and the Italian private international law concerning the law that governs the personal and patrimonial relations between spouses, in default of a matrimonial convention. 3. the difference on the spouses’ matrimonial regime, when they concluded a matrimonial convention. These difficulties could baffle the authorities, the spouses and the third persons. A future EU Regulation (with uniform choice-of-law rules for both the patrimonial and the personal relations between spouses) and a new Romanian Civil Code could remove all these difficulties.

Keywords

conflict of laws; patrimonial effects of marriage; spouses with different nationalities (Italian and Romanian, respectively).