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Familia prin contract
Family under contract

Author(s): Adina Renate Motica, Lavinia Tec
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: contractual freedom; engagement; marriage; spouses; child; matrimonial regime; divorce; medically assisted human reproduction;, filiation;

Summary/Abstract: The individual will has an important role in the family law at present. The contractual freedom starts with the formation, continues during its existence and is shown even upon dissolution of the family. Its scope includes both property rights and obligations, as well as fundamental rights. The contractual freedom in the family law shall be limited by public policy and accepted principles of morality, however, public policy has started to diminish its extent, and the accepted principles of morality have started to radically change. Therefore, we are witnessing the trend of “privatization” of the family and deep transformation in the family law.

  • Issue Year: 2019
  • Issue No: 1-2
  • Page Range: 329-376
  • Page Count: 48
  • Language: Romanian