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Article 2582. Overriding mandatory provisions

(1)   Overriding mandatory provisions are provisions the respect for which is regarded as crucial by a certain state for safeguarding its public interests, such as its political, social or economic organisation, to such an extent that they are applicable to any situation falling within their scope, irrespective of the law otherwise applicable to the contract under this Book.

(2) Nothing in this Book shall restrict the application of the overriding mandatory provisions of the law of the Republic of Moldova.

(3) Overriding mandatory provisions of the law of another state may be applied to govern a legal relationship with a foreign element if the legal relationship has close connections with the law of that state, and the legitimate interests of the parties require it.

(4) In considering whether to give effect to the overriding mandatory provisions under paragraph (3), regard shall be had to their nature and purpose and to the consequences of their application or non-application.


Adnotare:
Originea reglementării: art. 9 Regulamentul (CE) nr. 593/2008 privind legea aplicabilă obligațiilor contractuale (Roma I)

Articolul 2164. Grounds for inheritance

Article 1. Scope