Discussions on putative marriage in the current regulation of the Romanian Civil Code Cover Image
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Discuții privind căsătoria putativă în actuala statornicire a Codului civil român
Discussions on putative marriage in the current regulation of the Romanian Civil Code

Author(s): Alin-Gheorghe Gavrilescu
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: putative marriage; nullity; spouse acting in good faith; spouse acting in bad faith; dissolution of marriage; effects.

Summary/Abstract: This article makes an analysis of the institution of putative marriage regulated by the provisions of Article 304 of the Civil Code which establishes an important derogation from the principle quod nullum est, nullum producit effectum. Therefore, there are raised for discussion the conditions of existence of the putative marriage and there are presented the effects of its nullity in the relationships between the former spouses, making distinction between the situation where both spouses acted in good faith upon the conclusion of the marriage and the situation in which only one of them acted in good faith, as well as in the relationships between parents and their children. The final part is devoted to the conclusions drawn from this study.

  • Issue Year: 2014
  • Issue No: 05
  • Page Range: 111-123
  • Page Count: 13
  • Language: Romanian