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How do we qualify primarily the concept of „residence” of the natural person in Romanian private international law?

Author

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  • Nadia-Cerasela Anitei

    (Faculty of Law, Social and Political Sciences, „Dunarea de Jos” University, Galati, Romania,)

Abstract

The provisions of Article 2570 of the Civil Code regulate two types of habitual residences, namely: the habitual residence of the individual (paragraphs 1 and 2) and the habitual residence of legal persons (paragraphs 3 and 4). The Romanian Authority must use pursuant to Article 2570 of the Civil Code the Romanian meaning of the concept of “residence”. Therefore, in order to make the primary qualification of the concept of “residence” in Romanian private international law it is necessary to take into account the scope of the concept of residence in Romanian domestic law. This article aims to study and analyze the instrument of the institution of residence of the following legislation: We will try to analyze in the first point which is the meaning of the notion of residence in Romania of Romanian citizens, and in the second point we will study the meaning of the notion of residence in the case of foreigners who establish their residence in Romania. Article 88 Civil Code; Chapter IV (art.26- 41) of the Emergency Ordinance no. 97/2005 on the records, domicile, residence and identity documents of Romanian citizens republished (2011); Government Decision no. 516/2009 amending Government Decision no. 839/2006 regarding the form and content IDs, the sticker on the book of their residence and property. Decision no. 516/2009; the provisions of Emergency Ordinance no. 194/2002 on foreigners in Romania republished (in 2011) and the provisions of Government Emergency Ordinance no. 102/2005 on the free movement of citizens of member states of the European Union and European Economic Area (republished in 2011) in order to derive the Romanian qualification of the notion “residence of the individual”.

Suggested Citation

  • Nadia-Cerasela Anitei, 2017. "How do we qualify primarily the concept of „residence” of the natural person in Romanian private international law?," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 7(2), pages 147-159, December.
    • Handle: RePEc:asr:journl:v:7:y:2017:i:2:p:147-159
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