Particularităţi ale instrumentarului voinţei în statutul patrimonial al cuplurilor internaţionale

Rezumat

The impact of the changes in the management of international private relations is visible in the context of the connecting factors. The era of some of the connecting factors has been “consumed” (the case of domicile), while other criteria prove the flexibility, predictability and security of the legal circuit (the situation of will and habitual residence). The segment of couple unions highlights a multifaceted will, with notes common to the substantive law and, respectively, with particularities imposed by the element of foreignness. This analysis considers the property status of spouses and partners, as European law and national private international law have been innovating in recent years, in terms of the freedom to organize property relations. Regulation (EU) 2016/1103, Regulation (EU) 2016/1104 and the Romanian private international law (as an example of national law) contain provisions addressed to the matrimonial agreement and the partnership agreement, as well as to the two conventions, by which the law applicable to the legal relationship is designated and by which the competent international court is elected.