COMPARISON BETWEEN THE DOMESTIC LAW RULES AND CONFLICT OF LAWS RULES REGARDING THE FORMAL AND MATERIAL VALIDITY CONDITIONS OF THE JURIDICAL ACT FROM THE RUSSIAN FEDERATION LEGISLATION AND THE REPUBLIC OF MOLDOVA LEGISLATION

Raluca-Oana Andone ()
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Raluca-Oana Andone: Postgraduate University lecturer, Law Faculty, the “Peter Andrew” University from Iasi, Romania; definitive legal adviser inscribed in the Legal Advisers College from Iasi,

Jurnalul de Studii Juridice, 2012, vol. 1-2, 25-36

Abstract: The paper presents in a comparative manner conflict of laws and material aspects regarding the formal and material validity conditions of the juridical act from the Russian Federation Civil Code and the Republic of Moldova Civil Code. The notions of juridical act, contract, capacity of the natural person, written form, authentic form and the form requested so that the third parties can invoke the existence of the juridical act, form of the will, law applicable to the unilateral juridical act, law applicable to the material validity conditions of the contract – the law chosen by the parties or the law of the country with which the contract is most closely connected - and law applicable to the form of the juridical act are being analyzed from the perspective of the Russian legislator. The provisions of the Russian Federation Civil Code have been transferred into the civil legislation of the other ex-member states of the Socialist Sovietic Republics Union. In the Republic of Moldova Civil Code there are many provisions regarding the material law from the Russian Federation Civil Code. On the other hand, in the conflict of laws matter, the Republic of Moldova Civil Code has assimilated many dispositions of the old Romanian Law 105/1992 regarding the private international law relations. Thus, the Republic of Moldova Civil Code is a result of the mixted influences from the neighbour states legislations – Romania and the Russian Federation.

Keywords: juridical act; validity conditions; applicable law; Russian Federation Civil Code; Republic of Moldova Civil Code (search for similar items in EconPapers)
JEL-codes: A23 (search for similar items in EconPapers)
Date: 2012
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