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Editura Universitara Family Law, Volume I

ISBN: 978-606-591-928-0

DOI: 10.5682/9786065919280

Publisher year: 2014

Edition: I

Pages: 351

Publisher: Editura Universitara

Author: Mara Ioan, Laura Elena Maierean

Product Code: 9786065919280 Do you need help? 0745 200 718 / 0745 200 357
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The Civil Code does not define the family in art. 258, although the specialized literature has suggested that the new Civil Code solve this gap. However, according to art. 258, the family is based on the freely consented marriage between the spouses, on their equality and on the right and duty of the parents to ensure the upbringing, education and training of the children.

However, we also agree with the dominant opinion in the matter and claim that the family is the natural and fundamental element of society, generated by the legal act of marriage concluded, under the law, between a man and a woman, made up of husbands, children without capacity full exercise, as well as from other persons expressly provided by law, in which the relations between its members are legally regulated and governed by the principle of solidarity.
Mara Ioan
Laura Elena Maierean

CHAPTER I
INTRODUCTORY NOTIONS REGARDING FAMILY AND FAMILY LAW / 5
Section 1. Family / 5

1. Notion / 5
2. Legal characteristics / 8
3. Family functions / 10
4. The family between past and present / 11
5. Current family forms. The causes that determined the appearance of these family alternatives / 15

Section 2. Family law / 23
1. Definition and object / 23
2. Regulatory method / 26
3. The general principles that govern family relationships. Important / 27
4. The quality of family law subjects / 37
5. Sources of family law / 37
6. The connection of family law with other branches of law / 40
7. Cohabitation / 47

CHAPTER II
LOGODNA / 53
Section 1. General notions about engagement / 53

1. Introduction / 53
2. The notion of engagement in the old Romanian law / 54
3. The notion of engagement in the new Civil Code / 56
4. The legal characteristics of the engagement / 57

Section 2. Legal conditions for concluding the engagement / 59
1. The substantive conditions for concluding the engagement / 59
2. Proof of engagement / 66
3. The effects of the engagement / 66
4. Nullity of the engagement / 69
5. Termination of the engagement / 71
6. Cases of breaking the engagement / 72
7. The effects of breaking the engagement / 73

CHAPTER III
MARRIAGE CONCLUSION / 77

Section 1. The notion, purpose, legal nature and characters of marriage / 77
1. Brief history of the notion of marriage / 77
2. The notion, purpose and legal nature of marriage / 95
Section 2. Substantive conditions at the conclusion of the marriage / 102
1. Introductory notions / 102
2. The actual substantive conditions of the marriage / 103
3. Impediments to marriage / 115
Section 3. Formal conditions of marriage / 127
1. Preparatory formalities for concluding the marriage / 127
2. Formalities regarding the very conclusion of the marriage / 140
3. Formalities subsequent to the conclusion of the marriage. The operations performed by the civil status officer after the conclusion of the marriage / 149

CHAPTER IV
THE EFFECTS OF MARRIAGE / 154
Section 1. Effects on personal relations between spouses / 154

1. General considerations / 154
2. Names of spouses / 156
3. Obligation of moral support / 159
4. The obligation of fidelity / 161
5. Obligation to live together (cohabitation obligation) / 162
6. Obligatia conjugala (debitum conjugale) / 168
7. The effects of marriage on the capacity to exercise / 170
Section 2. The effects of marriage on the patrimonial relations between spouses / 170
Section 3. Choice of matrimonial regime. Matrimonial convention / 173

1. The matrimonial regime / 173
2. Matrimonial agreement / 182

CHAPTER V
DISSOLUTION AND TERMINATION OF MARRIAGE / 211
Section 1. Abolition of marriage / 211

1. Introductory notions / 211
2. Cases of absolute nullity of marriage / 212
3. Cases of relative nullity of marriage / 214
4. The legal regime of nullities / 216
5. The effects of nullities / 219
6. Putative marriage / 220
Section 2. Termination of marriage / 222

CHAPTER VI
DISSOLUTION OF MARRIAGE / 225
Section 1. Divorce Cases / 225

1. Overview of divorce / 225
2. Divorce - means of dissolution of marriage / 229
3. Divorce through fault / 236
4. Divorce due to health condition / 248
5. Divorce procedure / 248
Section 2. The effects of divorce / 283
1. The effects of divorce on non-property relations / 283
2. The effects of divorce on the patrimonial relations between spouses / 286
3. The effects of divorce on the non-patrimonial and patrimonial relations between parents and their minor children / 308

GRID TESTS / 314

ANSWERS / 346

The Civil Code does not define the family in art. 258, although the specialized literature has suggested that the new Civil Code solve this gap. However, according to art. 258, the family is based on the freely consented marriage between the spouses, on their equality and on the right and duty of the parents to ensure the upbringing, education and training of the children.

However, we also agree with the dominant opinion in the matter and claim that the family is the natural and fundamental element of society, generated by the legal act of marriage concluded, under the law, between a man and a woman, made up of husbands, children without capacity full exercise, as well as from other persons expressly provided by law, in which the relations between its members are legally regulated and governed by the principle of solidarity.

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