Raport juridic cu element de extraneitate. Norme conflictuale. Determinarea legii aplicabile

Legal relationship with foreign element. Conflicting rules. Choice of law

Abstract

When a legal relation brought before the court contains a foreign element, through its parties, and the court that holds jurisdiction to trial the case, pursuant to art. 149 of Law no. 105/1992, is a Romanian court, as the court of the state where the defendant, a Romanian legal person, has its registered office, it rests with this court to determine the applicable law, the substantial legal norms with which the legal relation has connections through its foreign element.

Therefore, it rests with the court seized with the dispute to determine the applicable law when a conflict-of-laws arises between the law of the country where the court seized with the dispute is situated (lex fori) and the foreign law to which the legal relation is connected through its foreign element, the court not being bound by the text of law...