The rules of private international law are regulated in the Civil Code, Book VII “Provisions of Private International Law”, Chapter II is called “The Family”. The conflict of laws in the field of matrimonial agreement is set out in art. 2593 and art. 2594 of the Civil Code. From the provisions of art. 2591 of the Civil Code in conjunction with art. 2593 paragraph 1 letter a and b of the Civil Code we note that we have two types of agreement. Thus, the first type of agreement from art. 2593 paragraph 1 letter a of the Civil Code is called the agreement of election of the law applicable to the matrimonial regime and refers to the conditions of validity “on the election of the law applicable to the matrimonial regime, except capacity” and the second type called matrimonial agreement is regulated by art. 2593 paragraph 1 of the Civil Code referring to “the admissibility and validity conditions of matrimonial agreement, except capacity.” To clarify the meaning of the conflict of laws of Article 2590 of the Civil Code in conjunction with 2593 of the Civil Code we need to perform the primary classification of the concept of agreement of election of the law applicable to matrimonial regime. Application of private international law is impossible without deciphering the meaning of the legal rules specific to this branch or without classifying the test cases on categories. We can observe that art. 2593 paragraph 1 letter b and art. 2594 of the Civil Code does not define the notion of agreement of election of the law applicable to matrimonial regime. Once the operation of primary qualification is completed, by framing the legal relationship of private international law among the conflict of laws mentioned above and the applicable law determined, the agreement of election of the law applicable to matrimonial regime shall acquire new content and a new scope, due to the operation of secondary qualification, which is achieved by lex causae , namely by the substantive law applicable to the legal relationship in question.
展开▼
