ÎNCHEIEREA CĂSĂTORIEI ÎN SISTEMUL DE DREPT ROMÂNESC
CONCLUSION OF MARRIAGE IN THE ROMANIAN LEGAL SYSTEM

Author(s): Andreea-Nicoleta Cionca
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Roman law
Published by: Editura Universităţii Vasile Goldiş
Keywords: marriage; family; formalities; conditions;
Summary/Abstract: According to art. 259 Civil Code, marriage is the freely consented union between a man and a woman, concluded under the terms of the law.There are certain conditions that must be met for the marriage to be valid. These conditions are provided in the Civil Code and are classified into substantive conditions and formal conditions. Through the analysis of this theme, I aim to deepen these substantive and formal conditions regarding the conclusion of marriage in the current regulation as well as the current provisions regarding these conditions. These conditions have undergone some changes in recent years, an important example would be the fact that in the previous regulation, art. 276 Civil Code, entitled "alienation and mental debility", forbade the mentally insane and the mentally debility to marry, and currently is allowed the marriage of a person who suffers from a deterioration of mental faculties and who benefits from special guardianship or judicial advice. Currently, non-compliance with art. 276 Civil Code does not constitute a cause of absolute or relative nullity of the marriage.

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