Regimul conflictual al actelor şi faptelor juridice privind navigaţia civilă maritimă şi aeriană [Articol]

Abstract

The issues adressed in the article concern the private international law regime applicable to legal acts and deeds related to maritime and air civil navigations. Thus, on the one hand, the article analyzes the application of the law of the flag of the ship or aircraft, as the law of the country with which the legal acts and deeds related to civil navigation are most closely connected, and on the other hand, it examines the scope of the applicable law, including the legal acts and deeds occurring on board of the ship or aircraft. The identified conflict-of-law solutions are derived from the private international law regulations contained in Chapter Five of the Civil code, specifying that they were taken from the European regulations on the matter – Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) and Regulation (EC) No. 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II)