Principles of European Family Law regarding Divorce - Special View Over the Romanian Civil Code

• Author: Monica Anca Ardeleanu
• Position: Associate Professor, PhD, Vice Dean, University of Bucharest, Faculty of Business and Administration
• Pages: 52-62

JURIDICA

52

Principles of European Family Law

Regarding Divorce – Special View over The

Romanian Civil Code

Anca-Monica ARDELEANU

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Abstract: This paper aims to dis cuss the harmonization of family regulations at European level and

also to analyze to what extent the Princ iples of European Family Law regarding Divorce have been

included in the family regula tions at national level. In order to reach the objectives, there were two

research methods that have been used: document ana lysis and comparative r esearch. At European

level ther e is no definition of “family” and this fact makes the concept of family very difficult to

define. Considering the various sociological, anthropological, historica l and religious factors, the

definition and the meaning attributed to this institution differs from state to state. The analysis has

revealed that in the last decade there is a growing interest for harmonization in the fi eld of family law.

It has also revealed that, at national level, steps have been made in order to integrate the European

principles in the national regulations. The importance of this s tudy is that has provided detailed

information of the European norms and also a thorough analysis about the national r egulation and the

improvements that can be made.

Keywords: family law principles family law harmonization; divorce; Romanian Civil Code

1. Introduction

The family law has been traditionally been considered as the discipline that deals

with the legal rights and duties of the family members, but considering the constant

growth of the number of the marital breakdowns and also considering the

development of new institutions ( e.g. same-sex unions or partnerships) the concept

of family law has evolved in a more remedial set of regulations that aim to protect

the weaker family member. Also, due to some so-called cultural constraints and the

lack of clarity regarding competences for European institutions to develop one

substantial family law, it was until recently remained almost completely outside

harmonization activities. In addition, also the European Council considered family

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Associate Professor, PhD, Vice Dean, University of Bucharest, Faculty of Business and

Administration. Tel.: 0040-728-911288 / 0040-75 8-052064, Fax: 0040-31-8153996. Corresponding

author: monica_ardeleanu@yahoo. com. AUDJ, vol. 9, no. 2/2013, pp. 52-62