Căsătoria fictivă – o perspectivă teoretică şi practică
Sham marriage – a theoretical and practical perspective

Summary/Abstract: This study aims to analyse one of the causes of marriage nullity, that is fictitiousness, element that distorts the main and sole purpose of marriage, which is to start a family. The regulation of this nullity case in the current Civil Code represents the merit of doctrine and, especially, of Romanian post war jurisprudence. Known in the Romanian legal area since the times of the old Romanian law, sham marriage served, over the years, various interests, from augmenting certain real estate assets and keeping them in the family, in the modern era, to acquiring certain non patrimonial rights, in the contemporary era, when a new notion came into being, the marriage of convenience.

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