THE SPECIALITY LITERATURE REFLECTION ON THE CONFLICT OF LAWS ASPECTS REGARDING THE MATERIAL VALIDITY CONDITIONS OF THE JURIDICAL ACT FROM THE MOLDAVIAN INTERNATIONAL PRIVATE LAW (English version)

Raluca-Oana Andone
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Raluca-Oana Andone: Postgraduate University lecturer, Law Faculty, the “Peter Andrew” University from Iasi,Romania

Jurnalul de Studii Juridice, 2010, vol. 3-4, 166-183

Abstract: The paper presents conflict of laws aspects regarding the material conditions of the juridical act reflected in the Moldavian legislation and in the speciality literature, starting from the dispositions of article 1609 of the Moldavian Civil Code (the v-th Book- „Private international law”). A difference is made between the material validity conditions, that are the object of the juridical act law (lex actus) and the material validity conditions and the contract effects, that are the object of the contract law (lex contractus). The material conditions of the juridical act are governed by the law chosen by the author of the juridical act (lex voluntatis) or by the law of the country with which the juridical act is mostly connected to or by the law of the place where the unilateral act was signed. The accessory juridical act is governed by the state law that rules the material aspects of the main juridical act, if the parties have not chosen differently. Thus, the law applicable to the material conditions of the juridical act (lex actus) can be presented under two forms: - as lex voluntatis, by the author’s choosing the applicable law for the unilateral act; - as the law determined by the juridical act locating using objective criteria. The will, as an unilateral act, is the object of the testament law regarding its material validity conditions (lex succesionis), that is different when it refers to movable goods (thea national law of the deceased) or to immovables (the state law where the immovable properties are situated).

Keywords: Juridical act; material validity conditions; applicable law; conflict of laws; lex voluntatis (search for similar items in EconPapers)
JEL-codes: A23 K33 (search for similar items in EconPapers)
Date: 2010
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