Romanian Civil Code - Flavius-Antoniu Baias

Descriere

Not a few doubted the viability of the Civil Code immediately after its entry into force. Despite this and unlike other similar regulations for instance the Civil Procedure Code the Civil Code in the ten years since its adoption has proved remarkably robust and... viable Firstly only four of its articles have been amended through the Parliament s intervention namely 658 1112 2445 and 2504. Secondly only one article was invalidated by the Constitutional Court as contrary to the Fundamental Law namely Article 164 para. 1 on the grounds that it does not provide adequate safeguards for placing a person under interdiction. A second interpretative decision held that Article 277 para. 2 and 4 of the Civil Code cannot constitute a basis for refusing to grant the right of residence in the country to same-sex spouses married in a European Union State. A third decision of the Constitutional Court declared an Article of Law no. 71 2011 namely Article 229 para. 3 on the tutorship court unconstitutional so it was not a Civil Code text. Finally the High Court of Cassation and Justice has delivered only 13 judgments on appeals in the interest of the law targeting directly or indirectly texts from the Civil Code and admitted 7 requests for clarification of legal issues raised by some of the provisions of the Code. To produce the Romanian Civil Code translated into English the Association Conferences of the Law Faculty of the Bucharest University turned to Monitorul Oficial al Romaniei Publishing House. The editorial team had an exemplary collaboration with the translator Mrs Oana Gheorghiu for the final version of the text. Mrs Oana Gheorghiu used numerous documentary sources carefully analyzing the different variants of terms and finally choosing the one she considered the most appropriate. In her work she was mainly guided by the English version of the Civil Code of Qu bec a natural choice given the important role of this Code as a model for the Romanian Civil Code but she also sometimes resorted to the Civil Code of the State of Louisiana an English-language code but as we know of French inspiration. Some novel regulations in the Romanian Civil Code Remaining a continental Civil Code anchored in the tradition of Roman law and French law which marked its predecessor of 1864 the Romanian Civil Code which was adopted in 2009 and entered into force in 2011 shows solid elements of continuity with the previous Civil Code but also some of obvious novelty. Since neither the purpose of this presentation nor the space allocated to it allows us to present them we will only review some of the latter. Thus the current Civil Code a Unlike the previous legislative framework which presupposed a Civil Code and a Trade Commercial Code removed the duality civil law commercial law and took over the monist conception of some of the codes that served as its inspiration the Civil Code of Qu bec the Italian Civil Code the Swiss Code of Obligations. Thus the Civil Code applies to all private law subjects irrespective of their field of activity Article 3 . b Provides for the application with priority of international treaties on human rights and European Union law Articles 4 and 5 in accordance with the provisions of fundamental law Articles 20 and 148 of the Constitution . c Regulates the principle of good faith Article 14 forbids the abuse of right Article 15 defines guilt Article 16 and common and invincible error Article 17 . d It naturally brings back the regulation on persons Book I and family Book II which had been exiled as separate normative acts in the communist era. e With regard to the patrimonial relations between spouses it provides for a plurality of matrimonial regimes Articles 312-372 . f In property matters it regulates for the first time in the Civil Code the action for the recovery of property Articles 563-566 periodic ownership Articles 687-692 superficies Articles 693-702 trust Articles 773-791 administration of the property of others Articles 792-857 public ownership Articles 858-875 and the land register Articles 876-915 . g In the field of obligations the following are also regulated for the first time unpredictability Article 1271 assignment of contract Articles 1315-1320 unilateral juridical acts Articles 1324-1329 taking over the debt Articles 1599-1608 restitution of prestations Articles 1635-1649 autonomous guarantees Articles 2321-2322 movable hypothec Articles 2387-2419 and 2435-2477 .

Specificatii

Brand	Monitorul Oficial
Anul publicarii	2022
Numar pagini	624

Recenzii

Honeypot

Nume

Descrie experiența ta cu produsul

Trimite

Trimite

Informatii

Imaginile produselor de pe site au caracter orientativ si sunt afișate cu titlu de prezentare. Depunem toate eforturile necesare pentru a ne asigura că informațiile pe care vi le oferim sunt corecte și complete, însă va rugăm să consultați întotdeauna ambalajul produsului. Producătorii pot modifica ambalajul fără o înștiințare prealabilă, astfel că nu suntem răspunzători de eventuale diferențe (culoare, formă, aspect) între imaginea afișată pe site și cea a produsului livrat.