Private International Law for Commercial Contracts

The article presents the main dispositions of the Romanian legislation (Law No.105/1992) which rule the determination of the applicable law for international trade contracts. The issuing of this law was made necessary by the expanding and diversified economic ties of Romania. Today this piece of legislation is extremely important, in the context of the globalization phenomenon, in which our country has to have a more and more active participation, in order to draw profits out of its positive effects. Under this perspective, to know the main rules of Private International Law represents a „must” for the actors of the world economic circuit. Out of these rules, those permitting the establishing of the law applicable to the international trade contracts are of a prime importance, these carrying most weight in the activity of the Romanian economic operators having relations with foreign partners. There are first presented the legal provisions regarding the conditions of format and publicity of the contracts. Further on, the dispositions for two categories of contracts – the contract of international sale and of intermediation are explained. There are also presented the main legal provisions that permit the determination of the applicable law for other types of contracts used in international trade – the contracts of entrepreneurship, transport and expeditions, banking, insurance, warrant and donation. Reference is also made to the most important international conventions containing Private International Law provisions.