The Divorce. Comparative View between Old and Current Regulations - Social Significance
DOI:
https://doi.org/10.18662/jess/5.1/40Keywords:
divorce, the application of the civil law in time, social meanings of the dissolution of marriageAbstract
In the past, Romanian legislation did not distinguish between the termination of marriage and its dissolution through divorce. Divorce represented, as stipulated in art. 38 of the Family Code, the means of dissolving the marriage, for good reasons, which made it no longer possible to continue the marriage. It follows from the definition of divorce that it could only be obtained by judicial means, even in the situation when it was based on the consent of the spouses, the court being the one that pronounced it, after verifying the fulfillment of the legal conditions. Nowadays and with the entry into force of the New Civil Code, things have changed considerably. At the same time, when it comes to divorce and marriage, in European law only the right to conclude a marriage is protected, but the right to divorce is non-existent.
References
Apostu, I. (2018). Conceptual referendum - Socio-legal aspects and social consequences. Jurnalul de Studii Juridice, 13(1-2), 103-110. https://lumenpublishing.com/journals/index.php/jls/article/view/1163
Apostu, I. (2013). Căsătoria între stabilitate și disoluție [The marriage between stability and dissolution]. Tritonic.
Bacaci, A., Hageanu, C., Dumitrache, V. (1999). Dreptul familiei [Family law] (12th ed.). All Beck.
Barbu, D. (2019). Controversies regarding the timing and manner of constituting a civil party in the criminal case. Valahia University Law Study, 34(2), pp. 57-63. https://scholar.google.com/citations?view_op=view_citation&hl=en&user=xyc2QlEAAAAJ&citation_for_view=xyc2QlEAAAAJ:BqipwSGYUEgC
Barbu, D., Niculae, G. M. (2019). Competența judecătorului de cameră preliminară [Jurisdiction of the preliminary chamber judge]. Lumen.
Deaconu, N. (1990). O propunere de lege ferenda privind reglementarea divorțului [A de lege ferenda proposal on the regulation of divorce]. Dreptul, 9-12, p. 86.
Filipescu, I. P. (2000). Tratat de dreptul familiei [A treatise on family law] (4th ed.). All Beck.
Huidu, A. (2019). The need for specific and unitary regulations regarding techniques in connection to or derived from medically assisted human reproduction in Romania. Logos Universality Mentality Education Novelty: Law, 6(2), 14-25. https://doi.org/10.18662/lumenlaw/09
Vlad, L. (2017). The family where to? From the solid perspective to liquid perspective. Postmodern Openings, 8(1), pp. 67-80. https://lumenpublishing.com/journals/index.php/po/article/view/8
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