Afinitatea șI Gradul de Afinitate
Affinity and Degree of Affinity

Summary/Abstract: Based on the legal basis, „affinity” is one of the most controversial notions, the views being not only different, but even contradictory in defining its meaning and content, and these for about 145 years, respectively during the period application of the old Civil Code and the old Code of Civil Procedure. For the first time, at the legislative level, the legal notion of „affinity” was regulated by art. 407 of the new Civil Code, in force since October 1, 2011. But, as will be seen from this material, there are serious shortcomings (from the point of view of the undersigned) and in the definition given to „affinity” by art. 407 of the new Civil Code.Given that the notion of „affinity” is defined differently both between different DEXs and between the DEXs and in the new Civil Code, it is necessary that the old meaning and content of many words, notions and expressions be put by agreement with the definitions given to “kinship” and “affinity” by art. 407 of the new Civil Code. The article also presents numerous examples in which the notions “kinship” and “affinity” are defined differently in art. 405, 406 and 407 of the new Civil CodeGiven the fact that both in the literature and online abound in all sorts of demonstrations on how to calculate the degree of affinity, most of which are incomprehensible even to people with good training, the article presents , up to the understanding of the common man, how to establish „affinity” and „degree of affinity” in the sense of the definitions given to these notions by art. 407 of the new Civil Code. The paper also makes proposals to improve the definition given to affinity by art. 407 of the Civil CodeThe article concludes with some considerations about the possible future of kinship and affinity.

• Details
• Contents