THE APPLICATION PROCESS OF HAMBURG RULES, GIVEN THE CONTEXT OF THE EMERGENCE AND ENTRY INTO FORCE OF THE NEW ROMANIAN CIVIL CODE

The paper aims to conduct a comparative analysis and tries to offer an objective point of view regarding a number of questions arisen in practice, related to the applicability of the 1978 Hamburg Rules and keeping public order of Romanian private international law, such as those that aim at: agreeing upon the applicability of the foreign law by the Romanian parties; applicability of the Hamburg Rules; public nuisance of the Romanian private international law; character of public policy rule of the Hamburg Rules. In the application process of the Hamburg Rules, given the context of the emergence and entry into force of the New Civil Code, obviously, the provisions of the Romanian Civil Code shall apply in addition, where the international convention lacks. Therefore, in order to apply the logic of the provisions of the Civil Code in full compliance with the international standards, though giving priority to the latter rules, a rigorous analysis is required, analysis which becomes more complex given the fact that, in accordance with Art. 230 of Law no. 71/2011 to implement Law no. 287/2009 on the Civil Code, Book II "About Maritime Trade and Sailing" of the Commercial Code, will be abolished upon the entry into force of the Maritime Code, as those provisions remain in force, being applied with priority to the rules of the Civil Code.