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
SUMMARY

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 (especially French law)... (see full summary)

 
FREE EXCERPT
Legal Sciences
261
About the Dissolution of Marriage Settlement in
the Context of Romania’s Integration in the European Union
Gabriela Lupan
1
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
2
, 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”
(Bodoac, 2009, pp. 11- 34) and seventh book “Provisions of private international law” of this
legislative act.
Regarding the New Code of Civil Procedure
3
, 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.
1
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.
2
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.
3
Adopted by Law no. 134/2010 on Civil Procedure, published in "Official Monitor", Part I, no. 485 of July 15, 2010. See
(Crciunescu & Lupacu, 2011, pp. 19- 34)

To continue reading

REQUEST YOUR TRIAL