Reflecţii privind ordinea publică de drept internaţional privat

Prof. univ. dr. Nadia-Cerasela ANIŢEI

Facultatea de Drept şi Ştiinţe Administrative, Universitatea Dunărea de Jos din Galaţi

ABSTRACT

"Public policy of private international law" applies to legal relations with a foreign element, while "public policy of domestic law" refers to domestic legal relations.

Public policy in Romanian private international law is an exception, a means available to the judge to set aside the foreign law, normally competent, or to refuse the effects of its application, when it is contrary to a fundamental principle of law of the authority or court called upon to resolve a case with a foreign element.

Article 2564, paragraph (2) of the Civil Code provides: "The application of foreign law violates the public order of Romanian private international law insofar as it would lead to a result incompatible with the fundamental principles of Romanian law or of the law of the European Union and with fundamental...