La nouvelle signification de la notion de domicile commun des epoux utilisee dans l'art. 20 de la loi 105/1992 dans le contexte de l’integration de la roumanie dans l'union europeenne [The new meaning of the concept of “The Common Domicile of the Spouses” (used in article 20 of Law NO. 105 of 1992) in the context of Romania’s E.U. accession]

According to Article 20 paragraph 1 of Law no. 105 of 1992 on the Settlement of the Private International Law Relations, the personal and patrimonial relations between spouses are subjected to the common national law and if they have different citizenships, they are subjected to the law of their common domicile. According to the second paragraph of Article 20, the common national law or the law of the common domicile of the spouses continue to regulate the effects of the marriage, even if one of them changes, as the case may be, citizenship or domicile. The Romanian concept of domicile can be defined according to the provisions of Decree no. 31 of 1954 concerning the natural and moral persons, Emergency Ordinance of the Government no. 97 of 2005 on the record, domicile, residence and the identity papers of the Romanian citizens (modified and approved by Law no. 290 of 2005). The foreigners’ domicile must comply with the relevant provisions of Emergency Ordinance of the Government no. 194 of 2002 on the condition of foreigners in Romania (consolidated version) as well as with the rules of Emergency Ordinance of the Government no. 102 of 2005 on the free movement on the Romanian territory of the citizens of themember states of the European Union and of the European Economic Space. Summarizing all the above mentioned provisions, we can define the common domicile of the spouses as the main residence shared by the spouses inside the Romanian borders or outside. If one or both of the spouses is/ are foreigners and claims/claim a common domicile on the Romanian soil, Romanian authorities will have to verify, first, if the foreign spouse or spouses has/have obtained the right of permanent residence in Romania from the Romanian Authority for Foreigners. Only in this case their permanent residence can be defined as a common domicile (in the Romania Law). Beginning with January 1, 2007 (when Romania acceded to the European Union), the citizens of the member states of the E.U. and of the European Economic Space are absolved of the duty to apply for the right of permanent residence in Romania. The new Romanian concept of domicile is similar to the domicile used by the French Civil Code and by the Italian Civil Code. There are similarities even with the concept of domicile of choice in the United States law. So, the new meaning of domicile, introduced by Law no. 290 of 2005, reduces the occurrence of the conflicts of qualifications on domicile.