Engagement - an institution newly introduced by the provisions of the civil code

• Author: Ioana Nicolae
• Position: Faculty of Law, Transilvania University of Brasov
• Pages: 253-260

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 7 (56) No. 2 - 2014

ENGAGEMENT – AN INSTITUTION

NEWLY INTRODUCED BY THE

PROVISIONS OF THE CIVIL CODE

Ioana NICOLAE1

Abstract: The new legal realities determined by the coming into force of

the Romanian Civil Code passed by Law no 287/2009 show the need for a

new fathoming of the changes that have occurred. Engagement is one of the

news of this new regulation of family law, which is why we must study it

closely, know its theoretical and practical aspects in rega rd to concluding

and abusively breaking an engagement, as well as the judicial nature of this

institution and the effects it produces.

Key words: engagement, breaking an engagement, crimin al clause.

1Faculty of Law, Transilvania University of Braşov.

1. Introduction. About the legal

acknowledgement of a certain

situation

In the memorandum [10] regarding the

passing of the law regarding the new Civil

Code [11] engagement is mentioned as a

new regulation by showing the grounds

which caused the appearance of such a

regulation as follows: “The reason for this

regulation is given by the traditional social

reality of Romania regarding en gagement”.

For that matter, the provisions regarding

engagement were listed by the lawmaker

as a series of measures meant to protect

family in its whole. Thus, we can state that

these provisions force a couple to become

more responsible regarding the

commitment they have and their future

marriage, thus stating that whoever brakes

the engagement abusively can be forced to

pay damages for the expenses made in

organizing the marriage.

We must also notice that the lawmaker

chose to turn engagement rather than

cohabitation into law, the explanation

being that “turning the engagement into an

institution is an honorable solution which

is easier to accept even by the media which

is less tolerant regarding the legalization of

a union” [4].

For this new regulation, the specialized

literature [6] has expressed opinions

according to which such a provision was

not necessary, calling it ”an unjustified

return in time, as this phenomenon is not

so widely spread as to require the need for

a whole chapter in the Civil Code, while

cohabitation is merely mentioned”.

Furthermore, it was claimed [7] that

legal practice has no record of a case

where the liability of the fiancées for

abusively breaking an engagement ever

being an issue. Thus, ignoring this legal

notion a legislative void has been created.