Consideraţii critice privind aplicarea art. 207 din Legea nr. 71/2011 pentru punerea în aplicare a Legii nr. 287/2009 privind Codul civil

Conf. univ. dr. Dan Andrei POPESCU

Univ. "Babeş-Bolyai" Cluj-Napoca

ABSTRACT

The study critically analyzes the text of art. 207, para. (1) of Law no. 71/2011 for the implementation of Law no. 287/2009on the Civil Code, according to which the new rules of conflict will immediately apply in all cases when the submission of the claim in front of the court or other competent authority was registered after the date of entry into force of the new Civil Code (1 October 2011). The legislator does not refer to the date when the legal relations with a foreign element arose, but the moment when the court (notary public or other public authority) is seized, with no distinction in this regard between legal relations that have entirely produced their effects before the entry into force of the new code and those producing effects also after this time. As far as the...