Article 7 (2) to (4) - Formal requirements applicable to agreements on the choice of applicable law
There are no further formal requirements applicable to agreements on the choice of law than those stipulated by Article 7 (1) of Regulation (EU) No 1259/2010.
Article 5 (3) - Possibility of designating the applicable law during the course of the proceeding
Under Romanian law, the spouses may also designate the law applicable to divorce after the court has been seised, but no later than the date of the first court hearing at which the spouses have been legally summoned.
The relevant texts of the Civil Code are reproduced below:
Date of the agreement to select the applicable law
(1) The agreement to select the law applicable to divorce may be concluded or amended at the latest by the date on which the competent authority has been seised to grant a divorce.
(2) However, the court may take note of the spouses’ agreement at the latest by the first hearing to which the parties have been legally summoned.
Form of the agreement to select the applicable law
The agreement to select the law applicable to divorce must be concluded in writing and must be signed and dated by the spouses.
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