Primary Qualification of the Notion of "Civil Partnership" in Romanian Law

In Romanian private international law, the primary qualification is made according to Romanian law, the law of the forum for any Romanian public authority. Thus, under Article 2558 of the Civil Code, "(1) When the determination of the applicable law depends on the characterization to be given to a legal institution or a legal relationship, the legal characterization established by Romanian law shall be taken into account. (2) In the case of a renvoi, the qualification shall be made according to the foreign law which has referred to the Romanian law. (3) The movable or immovable nature of the goods shall be determined according to the law of the place where they are situated or, as the case may be, located. (4) If the Romanian law does not know a foreign legal institution or knows it under a different name or with a different content, the legal qualification established by the foreign law may be taken into account. (5) However, when the parties have themselves determined the meaning of the concepts in a legal act, the qualification of these concepts shall be made according to the will of the parties". Two observations should be made. First, the term "legal institution" should be interpreted broadly, encompassing legal concepts as well. Second, the exceptions set out in paragraphs (2), (3), (4), and (5) are to be interpreted strictly. Accordingly, under Article 1 of the new Civil Code, the primary legal characterisation is always carried out according to Romanian law—specifically, in line with the concepts and definitions employed by the Romanian legal system. Similarly, the classification of an issue as one of procedural or substantive law is also determined in accordance with Romanian law. Thus, in order to carry out the primary characterisation of the concept of civil partnership under Romanian private international law—pursuant to Article 2558 of the new Civil Code—it is necessary to begin with the meaning attributed to this notion in Romanian domestic law, particularly within the domain of family law. Given that Romanian family law does not recognise the concept of a civil partnership, this study must address the following question: How should Romanian authorities deal with interpersonal relationships that, while granted the status of a civil partnership abroad, are not recognised under Romanian law? Keywords: Romanian Civil Code; EU Regulation 2016/1104; Partnerships between persons of different sexes (concubinage); Same-sex partnerships; Intersex partnerships.