Policy Document

Civil Code (Law 287/2009)

Year

2011

Country

Romania

Topic

Family & Children

Subtopic

Marriage & Registered Partnerships

Main implications

This legislative act is important because it repealed the Family Code. All provisions concerning marriage, divorce, and child protection became part of the Civil Code. In respect to marriage there are no modifications concerning the substantive and formal issues.

Benefits & Requirements

Does this document allow for registered partnership?

No

Does this document recognize cohabitation as a legal union?

No

Read the Law

Original full text source in native language

Monitorul Oficial al Romaniei, Partea I, nr. 505 din 15 iulie 2011

Original full text web source in native language

http://www.cdep.ro/pls/legis/legis_pck.frame

Comments & Clarifications

Although it does not modify the consensual union, cohabitation, or same-sex unions, the Civil Code in force regulates engagement and sees it as a mutual promise of both partners to conclude marriage. The minimum age of engagement is the same as for marriage. As for marriage, it is clearly stated that engagement is concluded only between a man and a woman. Marriage conclusion is not conditioned by prior engagement. Both engagement conclusion and dissolution are not subject to legal formalities, and can be proved by any means within the provisions of common law.

Secondary Literature & Sources

Secondary literature

Moloman, D. "Dreptul Familiei".Universul Juridic, Bucharest (2012).

Author

Cornelia Muresan, Paul-Teodor Haragus & Adina Rebeleanu
Babes-Bolyai University

Data collected in the framework of the Population Europe Research Finder and Archive (PERFAR)

Cite as

SPLASH-db.eu (2014): Policy: "Civil Code (Law 287/2009)" (Information provided by Cornelia Muresan, Paul-Teodor Haragus & Adina Rebeleanu). Available at: https://splash-db.eu [Date of access].