V. JURISPRUDENŢA CURŢII CONSTITUŢIONALE A ROMÂNIEI Exigenţe desprinse din jurisprudenţa Curţii Constituţionale privind regulile procedurale relevante ale Codului civil
V. CASELAW OF THE CONSTITUTIONAL COURT OF ROMANIA Requirements Emerging from the Jurisprudence of the Romanian Constitutional Court on Selected Procedural Rules of the Civil Code

Summary/Abstract: This article examines a series of constitutional requirements derived from the jurisprudence of the Romanian Constitutional Court concerning the exercise, protection, and opposability of civil rights. The study seeks to identify the way constitutional review has contributed to the development and consolidation of essential legal safeguards for the security of private law relationships, effective access to justice, and the protection of individuals. The analysis is structured into three sections, with the aim of highlighting the constitutional standards developed by the Romanian Constitutional Court in assessing the compatibility of procedural rules established by the Civil Code with the provisions of the Constitution. Accordingly, the first section focuses on procedural mechanisms regulated by the Civil Code, including extinctive prescription, forfeiture, oblique action, and transitional rules governing the temporal application of civil law. The analysis emphasizes the contribution of constitutional adjudication to defining the relationship between procedural discipline, legal certainty, and the exercise of subjective rights, as well as to delineating the legislature’s margin of appreciation in establishing the procedural conditions governing the enforcement of such rights. The second section is devoted to the protection of individuals and family relationships, highlighting constitutional principles such as the best interests of the child, human dignity, and effective judicial oversight in shaping legal mechanisms designed to protect individuals. Attention is given to procedures concerning the guardianship of minors, the exercise of parental rights, the child’s right to be heard, the representation of minors in succession proceedings, protective measures for vulnerable persons, and intertemporal rules relating to filiation and succession. The final section identifies the constitutional requirements emerging from the Court’s jurisprudence regarding publicity, opposability, and the security of civil law relationships, all of which share the common objective of ensuring the predictability of legal transactions and the protection of patrimonial rights. The principal conclusion of this constitutional case law analysis is that constitutional jurisprudence has become an essential factor in the interpretation and application of Civil Code provisions, contributing to the development of a model of private law that is consistent with the values of the rule of law, legal certainty, and the effective protection of fundamental rights.

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