ro fr
universul juridic magazin
Revista Română de Drept Privat

Several considerations on conflicts regarding civil standards over time

In case of law succession in time, if the new law amends or suppresses the prior law, an intertemporal conflict could arise between the old law and the new law. The intertemporal law crucial issue is to determine the law applicable to the situations pending to be set up, amended or dissolute, on the entry into force of the new law. In the Romanian classical literature the solution to this problem was set upon the principle of non-retroactivity and the theory of immediate application of the new law. The new Romanian civil law keeps the principle of non-retroactivity, but does not sent expressly to a particular theory, and that leaves the debate about the applicability of the criteria for determining the applicable law open, in particular in the case of the situations pending to be set up. However, the applicability of all these theories and all these criteria are, in our opinion, relative, not absolute. It is the task of legal literature to find the proper solution for the situations beyond the express provisions of the law, respecting both technical requirements and the legislative policy requirements.