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# Treaty on Private International Law [Tratat de drept international privat] (Ioan Macovei, Bucharest: Universul Juridic Publishing, 2023)

Ionel Bostan

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Ionel Bostan. Treaty on Private International Law [Tratat de drept international privat] (Ioan Macovei, Bucharest: Universul Juridic Publishing, 2023). 2025. hal-05124562

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## Book Review:

# Treaty on Private International Law [Tratat de drept international privat] (Ioan Macovei, Bucharest: Universul Juridic Publishing, 2023)

Ionel BOSTAN

Stefan cel Mare University, Faculty of Law and Administrative Sciences, Suceava 720229, Romania; ionel.bostan@fdsa.usv.ro

Private international law is defined by legal relationships that include a foreign element, influencing interactions between natural and legal persons from different states. The evolution of emerging relationships requires clear regulations that guarantee legal order

and facilitate international cooperation. International relations generate a series of legal relations through which links between the involved entities are established. These relations may include foreign elements, either because one of the parties is foreign or because goods are located or activities are conducted in another jurisdiction. In such cases, an analysis of the interaction between different legal systems is necessary, alongside the application of the corresponding norms. The subjects of these relations can be both individuals and legal entities, while the state may intervene as a sovereign actor or, in certain situations, as a participant in private law relations, on equal terms with other partners. The main particularity of legal relations with a foreign element is that they are influenced by multiple legislative systems, generating the need

to establish the applicable law. The foreign element, represented by factors such as citizenship, domicile, place of conclusion or execution of a legal act, influences the resolution of cases and determines the application of certain legislation. In this context, private international law deals with issues such as determining the competent court,

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identifying the applicable procedural rules, and determining the effects of decisions made by foreign authorities. The important aspects include the conflict of laws, conflict of jurisdictions, and the legal status of foreigners—fundamental elements for clarifying international relations and the proper application of legal norms—all of which are addressed in the book we refer to below. This is the work *Treaty on Private International Law* [Tratat de drept international privat] by Professor Ioan Macovei (Bucharest: Universul Juridic Publishing, 2023, ISBN:978-606-39-1316-7, pages: 520), which represents a fundamental contribution in this field of legal sciences, offering a detailed analysis of the principles, norms, and mechanisms for resolving conflicts of laws and jurisdiction. This treatise stands out through a comprehensive approach, combining theoretical and practical aspects, and is aimed at both specialists in the field and law students and practitioners.

Title I - *Introductory aspects of Private International Law* provides an overview of the fundamental concepts in private international law, explaining its defining elements, subject matter, and methods of regulation. Chapter I introduces the concept of private international law, discussing foreign elements and legal relationships involving multiple legal systems, clarifying the definition and scope of this field. Chapter II explores the autonomy of private international law, highlighting its specific nature and its connections with other branches of law, such as civil, commercial, administrative, or criminal law. Chapter III details the applicable normative structure, including conflict of laws rules, substantive norms, and rules of immediate application. Chapter IV examines conflicts of laws and the solutions for resolving them. Chapter V offers a historical perspective on the evolution of private international law, from ancient times to the modern period. Chapter VI analyzes the sources of private international law, both domestic and international, emphasizing the importance of international conventions and judicial practice.

Title II - *General issues of conflict of laws*. This title focuses on conflicts of laws and the methods of resolution used in private international law. Chapter I addresses qualification and conflict of qualifications, explaining how applicable rules are determined. Chapter II analyzes the concept of referral and its implications for the application of foreign law. Chapter III discusses public policy in private international law, emphasizing its role in limiting the application of foreign norms. Chapter IV addresses fraud against the law, explaining the ways in which it can occur and the corresponding sanctions. Chapter V examines relations in time and space in private international law, including conflicts of mobile laws and the recognition of acquired rights. Chapter VI focuses on the application of foreign law, detailing the conditions and limits of its application within the Romanian legal system.

Title III. *Application of Conflict Rules in the Branches of Private Law*. Chapter I - *The Legal Status of Foreigners* - analyzes the legal regime applicable to foreigners, including their legal status, rights, and obligations in Romania, as well as control measures regarding
their stay. The concepts of "foreigner" and "legal status of foreigners" are defined, along
with relevant sources. The influence of conflict rules and international relations on the
status of foreigners is examined. Various forms of the legal status of foreigners are
described, such as the national regime, the regime of reciprocity, the most-favored-nation
clause, and the special regime. The legal regime of foreigners in Romania is discussed in
detail, including their rights and obligations, entry, stay, and exit regime, restrictive
measures, and travel documents issued to them. The legal regime applicable to special
categories of foreigners, such as long-term residents in the EU, family members, victims
of crimes, and unaccompanied minors, is also analyzed. Chapter II - *The Legal Regime of
Foreign Legal Entities*. This chapter addresses the legal regime of foreign legal entities, with
an emphasis on nationality, recognition, and status in Romania. It discusses the definition
and classification of foreign legal entities, their nationality, as well as methods for
determining nationality and its applicability in Romanian law. It also examines changes
in nationality and mergers between legal entities of different nationalities. Recognition of
foreign entities and their status in Romania are discussed in detail, including their rights
and activities. Chapter III - *Civil Status and Legal Capacity of Natural Persons*. This chapter
discusses important aspects of the legal identity and capacity of natural persons in the
context of conflict rules. It covers the principles governing civil status and legal capacity,
as well as the law applicable to civil status acts and facts. The protection of third parties
in cases of lack of representation and the determination of identity and legal localization
of natural persons are analyzed. Chapter IV - *Property*. This chapter refers to the law
applicable to property and the limits imposed by conflict rules. It discusses the criteria
used to determine the legal regime of property and the fundamental principles justifying
the application of specific legislation to property. Exceptions to the application of the law
depending on the nature of the property and the regime of exempted property, such as
means of transport, goods in transit, and rights over intellectual creations, are analyzed.
Chapter V - *The Form of Legal Acts*. This chapter addresses the regulations concerning the
form of legal acts and the applicable conflict rules. It analyzes the regulations of the law
of the substance and the place where the act is concluded, as well as the flexibility and
imperativeness of conflict norms regarding the form of the legal act. Various forms
required for the validity of legal acts and regulations on publicity, authorization, and
necessary procedures are examined. Chapter VI - *Contractual Obligations*. This chapter
provides a detailed framework for understanding and applying the rules on contractual
obligations in private international law, addressing EU regulations and issues related to
determining the applicable law to contracts, including its relationship with other
international regulations. It discusses the parties' choice in selecting the applicable law,
as well as methods for determining the law in the absence of an express choice. Common
aspects of the applicable law are discussed, including mandatory norms, exclusion of
referral, and application of public policy regulations. Chapter VIII - This chapter
addresses international regulations concerning the family, including marriage, filiation,
Legal Sciences: Private International Law

adoption, parental authority, and child protection, as well as maintenance obligations
between family members. Chapter IX refers to the law applicable to inheritance,
succession, and wills, including EU regulations on cross-border successions and the
application of the European Regulation for obtaining the European Certificate of
Succession.

Title IV - *International Civil Procedure*. This title focuses on the legal regulations applicable to international civil proceedings, including conflicts of jurisdiction, procedures for trial, recognition and enforcement of foreign judgments, and international arbitration.

In conclusion, Treaty on Private International Law by Ioan Macovei is a highly important work for those seeking to deepen their knowledge in the field of private international law, providing a rigorous analysis of the fundamental principles, norms, and institutions. With its detailed approach and clear structure, this treatise is a reference tool for both the academic environment and legal practitioners.

*

***About the author***

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A highly renowned university professor and exponent of the Iași
School of Law (having served as Dean of the Faculty of Law at
"Alexandru Ioan Cuza" University of Iași for 10 years), Ioan Macovei
was born on August 30, 1942, in Dorohoi (Botoșani). He graduated
from the Faculty of Law in 1965 and earned his PhD in Legal Sciences
in 1976. Positions held throughout his academic career include: 1967-
1971 – Assistant Professor, tenured through competitive exam – Civil
Law Department; 1971-1990 – Lecturer; 1990-1994 – Associate
Professor; and, since 2010, Full Professor. From 2005 to 2010, he
served as Executive Director of the Doctoral School within the Faculty of Law at
"Alexandru Ioan Cuza" University of Iași. He is the author and co-author of 25 books,
monographs, and university courses published by prestigious publishers, and has over
100 articles in specialized journals. Awards received include the "Ion Luca Georgescu"
Award from the Union of Romanian Jurists (UJR) for his book Treatise on International
Commercial Law, published by Universul Juridic Publishing (2014); the "Andrei
Rădulescu" Award (UJR) for his Treatise on Private International Law, published by the
same publisher (2017); and the "Excellence Award for Lifetime Achievement in Legal
Sciences," awarded at the 2019 UJR Gala.

**Reference:**

Macovei, Ioan. 2023. *Treaty on Private International Law* [Tratat de drept international privat], 2nd ed. Bucharest: Universul Juridic Publishing, ISBN: 978-606-39-1316-7. Online at:

https://www.libris.ro/tratat-de-drept-international-privat-ed-2-ioan-UJU978-606-39-1316-7--
p35002856.html?gad_source=1&gclid=Cj0KCQiA8q--BhDiARIsAP9tKI0g7nTZnx-vCwi-
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