How do we qualify primarily the concept of 'residence' of the natural person in Romanian private international law?

Author:Nadia Cerasela Anitei
Position:Faculty of Law, Social and Political Sciences
Pages:147-159
SUMMARY

The provisions of Article 2570 of the Civil Code regulate two types of habitual residences, namely: the habitual residence of the individual (paragraphs 1 and 2) and the habitual residence of legal persons (paragraphs 3 and 4). The Romanian Authority must use pursuant to Article 2570 of the Civil Code the Romanian meaning of the concept of "residence". Therefore, in order to make the primary... (see full summary)

 
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How do we qualify primarily the concept of residence
of the natural person in Romanian private international law?
Professor Nadia-Cerasela ANIȚEI
1
Abstract
The provisions of Article 2570 of the Civil Code regulate two types of habitual
residences, namely: the habitual residence of the individual (paragraphs 1 and 2) and the
habitual residence of legal persons (paragraphs 3 and 4). The Romanian Authority must
use pursuant to Article 2570 of the Civil Code the Romanian meaning of the concept of
residence. Therefore, in order to make the primary qualification of the concept of
residence in Romanian private international law it is necessary to take into account the
scope of the concept of residence in Romanian domestic law. This article aims to study and
analyze the instrument of the institution of residence of the following legislation: We will
try to analyze in the first point which is the meaning of the notion of residence in Romania
of Romanian citizens, and in the second point we will study the meaning of the notion of
residence in the case of foreigners who establish their residence in Romania. Article 88
Civil Code; Chapter IV (art.26- 41) of the Emergency Ordinance no. 97/2005 on the
records, domicile, residence and identity documents of Romanian citizens republished
(2011); Government Decision no. 516/2009 amending Government Decision no. 839/2006
regarding the form and content IDs, the sticker on the book of their residence and property.
Decision no. 516/2009; the provisions of Emergency Ordinance no. 194/2002 on foreigners
in Romania republished (in 2011) and the provisions of Government Emergency Ordinance
no. 102/2005 on the free movement of citizens of member states of the European Union and
European Economic Area (republished in 2011) in order to derive the Romanian
qualification of the notion “residence of the individual”.
Keywords: the residence of the individual Romanian citizen, the residence of the
individual foreign citizen, the residence of the individual foreign citizen in Romania, the
residence of the individual EU citizen.
JEL Classification: K33
1. What do we mean by the notion of residence in Romanian private
international law?
Civil Code in Article 2570 with the marginal name Determination and
proof of habitual residence states: For the purposes of this book, the habitual
residence of the natural person is in the country where the person has his or her
principal residence, even if he has not fulfilled the legal formalities for
registration. The habitual residence of a natural person acting in the exercise of
his professional activity is the place where that person has his principal place of
1
Nadia-Cerasela Aniței - Faculty of Law, Social and Political Sciences, „Dunărea de Jos” University,
Galați, Romania, nadia.anitei@ugal.ro.

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