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Abstract:
In the process of solving the litigations on the patrimonial effects of a marriage between an Italian citizen and a Romanian one (residing in Italy), both the parties and the courts will have to overcome three kinds of difficulties:

1. the problem concerning the choice-of-law rules to be applied.

2. the difference that appears between the Romanian private international law and the Italian private international law concerning the law that governs the personal and patrimonial relations between spouses, in default of a matrimonial convention.

3. the difference on the spouses' matrimonial regime, when they concluded a matrimonial convention.

These difficulties could baffle the authorities, the spouses and the third persons. A future E.U. Regulation (with uniform choice-of-law rules for both the patrimonial and the personal relations between spouses) and a new Romanian Civil Code could remove all these difficulties.

conflict of laws, patrimonial effects of marriage, spouses with different nationalities ( Italian and Romanian, respectively)

Abstract:
The enactment of the Code of Fiscal Procedure in 2003 represents a major step toward the unification of the Romanian fiscal legislation. Unfortunately, the Romanian Fiscal Law continues to be scattered, by the enactment of a plethora of legislative acts and regulations which intend to complete or modify the Code of Fiscal Procedure.

This paper studies chapter I of the Third Title of the Code of Fiscal Procedure entitled "General Procedural Provisions". This chapter provides for the general jurisdiction of the fiscal bodies (Article 32 to 36 of the Code of Fiscal Procedure).

The authors define concepts such as: jurisdiction of the fiscal bodies, general jurisdiction (Article 32 of the Code), territorial jurisdiction (Article 33 of the Code), jurisdiction on the secondary seats (Article 34 of the Code), territorial jurisdiction of the fiscal branches of the local public administration (Art. 35 of the Code) as well as special jurisdiction (Article 36 of the Code) by inference from the same notions used by the Civil Procedure Law (that is the common law for the interpretation and completion of the Code of Fiscal Procedure).

The authors indicate which are the fiscal bodies with jurisdiction on the fiscal claims management as well as the fiscal bodies entitled to regulate the application of the legal fiscal provisions and to exercise the fiscal control.

The paper highlights the legal gaps to be found in the provisions of Chapter I, Title III of the Code of Fiscal Procedure and tries to fill these gaps by de lege ferenda proposals.

jurisdiction of the fiscal bodies; general jurisdiction, territorial jurisdiction, jurisdiction on the secondary seats, territorial jurisdiction of the fiscal branches of the local public administration, special jurisdiction.

Abstract:
On August 27, 2008, by Government Decree no. 999, the Romanian Government recognized the Statute of the Federation of Jewish Communities of Romania-The Mosaic Cult. According to Article 41 of the statute, the Rabbinical Chancery is a body of the Federation entrusted with the fulfillment of the religious needs of the members of the Federation, observing “the rules of the Mosaic law, halaha [i.e. halakhah] and the Mosaic tradition”. Article 41 enumerating the competences of the Rabbinical Chancery, provides under letter h that the Chancery has jurisdiction over “the religious disputes inside Communities”. But in Judaism, because Torah is the blueprint of the entire universe, every aspect of human life is a religious one. As a proof of this fact we can invoke the extraordinarily rich content of the Talmud (the Mishnah with its six orders and Gemarah, 517 chapters in total). The third order of the Talmud deals mainly with laws concerning marriage, the relationship between spouses and divorce. So, disputes concerning marriages concluded between members of the Federation (whether from the same Community or not) are religious disputes, that should be solved by the Rabbinical Chancery.

My paper discusses the legal status in Romania of decisions and writs (especially the kind of writs named get) delivered or drawn up by the Rabbinical Chancery in solving the matrimonial disputes of the members of the Federation of Jewish Communities of Romania - The Mosaic Cult. On the one hand, these documents could be recognized as having binding effect on the Romanian authorities on the grounds of Articles 7, 8, 9 and 26 of Law no.489 of 2006 on the Freedom of Religion and the General Status of Denominations. On the other hand, there is no hard evidence that Romanian Government intended to allow religious courts to rule in litigation concerning such sensible areas as Family Law or Civil Law. On the contrary, Article 5 of Law no.489 of 2006 emphasizes that all religious cults have to observe the Constitution and the others Romanian laws. Or neither Article 124 and 126 of the Constitution nor Articles 3 or 38 of the Romanian Family Code recognize the jurisdiction of a religious authority in concluding or dissolving a matrimonial liaison. Moreover, only the Mosaic Cult and the Catholic Church have in their statutes provisions that enables a religious body to have jurisdiction over laity (while the statutes of the Orthodox Church or the Muslim cult don’t contain such provisions). Article 9 of Law no.489 of 2006 provides for the equality of all religious cults before the Romanian authorities. Or Article 41 of Statute of the Federation of Jewish Communities of Romania-The Mosaic Cult infringes upon this equality, allowing Jews of Romanian nationality to solve their matrimonial causes before a religious court with the observance of other rules than those provided for by the Romanian Family Law.

The status of the Rabbinical Chancery as a court of justice with jurisdiction in family matters is not sound enough according to the present Romanian Law. Romanian authorities have to confirm it or to explicitly reject it (by demanding the modification of Article 41 of the Statute of the Federation of Jewish Communities of Romania - The Mosaic Cult).

Beit Din, Romania, marital litigations, religious courts, jurisdiction