Historical overview, in the background of the private European law, over the role of the engagement and of the prenuptial papers in the light of the regulations regarding marriage Cover Image
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Privire istorică, în spaţiul dreptului privat european, asupra rolului logodnei şi al formalităţilor prenupţiale în economia reglementărilor privind căsătoria
Historical overview, in the background of the private European law, over the role of the engagement and of the prenuptial papers in the light of the regulations regarding marriage

Author(s): Marius-Ioan Floare
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: betrothal; marriage; marriage proclamation; Antiquity; Middle Ages;

Summary/Abstract: The current rules on the marriage ceremony might seem antiquated to the casual observer, but they have a history which goes back thousands of years, at leastto Roman times. Betrothal and the marriage preliminaries are inextricably linkedsince antiquity and any historical analysis of these institutions has to treat them in a close sequence. Our study is concerned only with the Western European-inspired private law and uses the historical method to analyze the law in regard to these traditional rites of passage. In order to understand the roots of betrothal and the marriage rituals, one must examine Roman law, both primitive and classical/post-classical, medieval customs, canon law and early modern attempts to regulate these ceremonies. The 19th century European codifications are the immediate precursors to today's rules and contemporary law brings only slight adjustments in this area of family law.

  • Issue Year: 2018
  • Issue No: 03
  • Page Range: 105-116
  • Page Count: 12
  • Language: Romanian
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