6. Radiografie asupra instituţiei logodnei în reglementarea noului Cod civil
6. Overview of the engagement institution in the regulation of the new Civil Code
Author(s): Lazăr-Ciprian Ureche, Bogdan Dumitru MolomanSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: the new Civil Code; engagement; validity conditions; effects; termination of the engagement;
Summary/Abstract: The maze of legal rules, which compose the new perspective in the civil matter, becomes uncomplicated as regards the smooth regulation of the engagement institution. The view of the Romanian civil law legislator of the year 2009 shall be diametrically opposed, distinct as compared to the previous stability, granting the engagement institution its due place, and settling it a well-defined legal regime. The goal of this paper is to make a panoramic summary of the engagement institution, and the authors’ stated and express will shall be to perform a coloring as accurate as possible of the legal elements composing the engagement institution, as well as to greet the legislator’s position characterized by balance and fairness in this context. We show our consideration for the view of the creative legislative power, by the actions decided by the legislator according to the legal provisions susceptible of avoiding certain possible mercantile aspects, which may arise from its conclusion, and the purpose of the natural union between a man and a woman – the conclusion of the marriage - was actually circumvented.
Journal: Revista Română de Jurisprudenţă
- Issue Year: 2015
- Issue No: 03
- Page Range: 179-192
- Page Count: 14
- Language: Romanian
- Content File-PDF
