CHANGES MADE IN THE NEW ROMANIAN CIVIL CODE REGARDING THE REGLEMENTATION OF FAMILY RELATIONSHIPS
DOI:
https://doi.org/10.15837/aijjs.v7i2.510Keywords:
change, Civil Code, family relations, minorsAbstract
The introduction of the Romanian Civil Code in 2011 represented for the entire socioeconomicreality in Romania a major change of the landmarks the Romanian legal system
was built upon, was consolidated on and developed from. Changes in family relationships
were substantial, new concepts being introduced, the existing ones adapting to the new
dynamics of personal lives. A series of specific notions were introduced aiming at changing
certain institutions (in the field of the matrimonial regime) or several factual situations that
had not previously been acknowledged legally found now legislative recognition (the
engagement). It should be noted that there were considered the international conventions to
which Romania is part, and the European standards in the field, as well. The labor force
migration towards the foreign markets, the insecurity of work place in the European countries
have ‘elasticized’ the traditional Romanian family, have led to a gap in the formerly constant
physical connection between the family members, have made the authorities face the
problems of responsibility for the children left in the country by the parents who had gone
abroad. To bring up the children left by their parents has thus become a ‘duty’ of
grandparents, aunts, uncles, and friends of the family or neighbors. If the psychical traumas
of these children cannot yet be quantified, the legislative problems they raised have now
started to be regulated by the authorities.
References
***The Civil Code 2011;
A. A. Banciu, Raporturile patrimoniale dintre soţi (Spouses’ patrimonial relations), Hamangiu Publishing House, Bucharest, 2011;
S. Cocos, Dreptul familiei (Family Law), 5th edition revised and added, Pro Universitaria Publishing House, Bucharest, 2007;
Ion P. Filipescu, Andrei I. Filipescu, Tratat de dreptul familiei (Study on Family Law), All Beck Publishing House, Bucharest, 2001;
B. Vareille, Le regime primaire, Droit patrimonial de la famille, Dalloz, Paris, 1998;
I. Albu, Liberatatea contractuală (Contractual liberty), “Dreptul†Review, no. 3/1993;
D. Firoiu, Istoria statului şi dreptului românesc (History of the Romanian state and law), “Editura Fundatiei Chemarea†Publishing House, Iasi, 1992;
Ion Albu, Dreptul familiei (Family Law), “Editura Didactică şi pedagocică†Publishing House, Bucharest, 1975;
T. Ionascu, I. Christian, M. Eliescu, V. Economu, Y. Eminescu, M. I. Eremia, V. Georgescu, I. Rucareanu, Casatoria în dreptul R.P.R.(Marriage in the Romanian Popular
Republic’s Law), “Editura Academiei†Publishing House, Bucharest, 1964;
***Legiuirea Caragea (Caragea Law Code), III, 14 # 1, 1817.