About the Dissolution of Marriage Settlement in the Context of Romania's Integration in the European Union

• Author: Gabriela Lupsan
• Position: Associate Professor, PhD, 'Danubius' University of Galati, Faculty of Economic Sciences, Romania
• Pages: 261-265

Legal Sciences

261

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About the Dissolution of Marriage Settlement in

the Context of Romania’s Integration in the European Union

Gabriela Lupan

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Abstract: According to the stipulations of the New Civil Code, the dissolution of marriage has undergone

some changes concerning both material and procedural law. We aim at achieving a critical analysis of the

new rules of divorce, making proposals de lege ferenda, based on the interpretation of the texts of these

normative acts, the Romanian jurisprudence experience, comparative law (es pecially French law), of

European law (Br ussels II bis Regulation) in relation to the old regulation of the Fa mily Code and the Code

of Civil Procedure (current and future one).

Keywords: divorce; competence; the interest of the child; divorce certificate; European Law

1. About the Institution of Divorce in General and its Regulation in the New Civil Code

The Romanian legislator wanted that the New Civil Code, adopted by Law. 287 of July 17, 2009

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, to

represent a unitary regulation of civil law relations, as it was originally and how to meet all modern

codes of European states. This explains why the family relations, including those involving the

dissolution of marriage, as well as those private international law, are found in Book II “On family”

(Bodoac, 2009, pp. 11- 34) and seventh book “Provisions of private international law” of this

legislative act.

Regarding the New Code of Civil Procedure

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, retained traditional regulation of divorce proceedings in

the present Code of Civil Procedure (article 607-619), as a special procedure, in Book VI, article 903-

1049, most texts being taken over.

We must mention that some remarks on the structure chosen by the legislator, when it passed to the

legislative construction of reserved for the dissolution of marriage in the new Civil Code. It is clear

from Chapter VII “The dissolution of marriage” (article 373-404), found in Title II, entitled

“Marriage”, it results that was abandoned the traditional structure enshrined in the Family Code

(article 37 - 44), that is it has not been adopted the same logical and natural sequence of presentation

of the legal norms dedicated exclusively to rules of material law relating to cases where the court may

the dissolution of marriage, to the legal effects that the divorce produces on the personal relations and

patrimony between spouses, and among them, as their parents and their minor children, leaving

procedural aspects of law to the Code of Civil Procedure.

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Associate P rofessor, PhD, “Danubius” University of Galati, Faculty of Economic Sciences, Romania, Address: 3 Galati

Blvd, Galati, Romania, tel: +40372 361 102, fax: +40372 361 290, Corresponding author: gabriela.lupsan@univ-danubius.ro.

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Republished under article 218 of Law no. 71/2011 for the implementation of Law no. 287/2009 of the Civil Code, published

in "Official Monitor", Part I, no. 409 of June 10, 2011. The new Civil Code was originally published in "Official Monitor",

Part I, no. 511 of July 24, 2009, amended by Law no. 71/2011 and corrected in the Official Monitor, Part I, no. 427 of June

17, 2011 and "Official Monitor", Part I, no. 489 of July 8, 2011. The new Civil Code entered into force on October 1, 2011.

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Adopted by Law no. 134/2010 on Civil Procedure, published in "Official Monitor", Part I, no. 485 of July 15, 2010. See

(Crciunescu & Lupacu, 2011, pp. 19- 34)