Abstract
The paper aims at analysing the institution of matrimonial engagement both in the Old Romanian Law and in the new Civil Code (Adopted 1 October, 2011)- that came into force by law no. 287 of July 17th, 2009 on the Civil Code republished through Law no. 71/2011, the new Civil Code. The 2nd Book of the new Civil Code, entitled “On Family” dedicates its 2nd title to marriage, and in Chapter I, art. 266-270, it deals with the institution of matrimonial engagement. The paper will show how the institution of matrimonial engagement is defined, the basic conditions of content and form needed to perform the matrimonial engagement, and we shall make proposals of lex ferenda should we consider that the regulations in the field are defective. Key words: Engagement, performance of engagement, content conditions for the performance of the engagement, form conditions for the performance of the engagement.
Highlights
The matrimonial engagement was considered, in the old French Law, a contract that engendered the obligation of doing, that is of performing the marriage
By matrimonial engagement we understand, as it is mentioned in the specialty literature, the mutual promise made by two people of different sex to get married in the future
We believe that the engagement has to be performed as it is stipulated in art. 266, paragraph 2 of the Civil Code with the achievement of the following content conditions: matrimonial age and the consent of the future spouses and difference of gender
Summary
Faculty of Law, Petre Andrei, University of Iasy, Romania. The paper aims at analysing the institution of matrimonial engagement both in the Old Romanian Law and in the new Civil Code (Adopted 1 October, 2011)- that came into force by law no. 287 of July 17th, 2009 on the Civil Code republished through Law no. The 2nd Book of the new Civil Code, entitled “On Family” dedicates its 2nd title to marriage, and, art. 266-270, it deals with the institution of matrimonial engagement. The paper will show how the institution of matrimonial engagement is defined, the basic conditions of content and form needed to perform the matrimonial engagement, and we shall make proposals of lex ferenda should we consider that the regulations in the field are defective
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