The Divorce. Comparative View between Old and Current Regulations - Social Significance
The Divorce. Comparative View between Old and Current Regulations - Social Significance
Author(s): Loredana Terec-VladSubject(s): Social Sciences, Civil Law, Family and social welfare, EU-Legislation
Published by: Editura Lumen, Asociatia Lumen
Keywords: divorce; the application of the civil law in time; social meanings of the dissolution of marriage;
Summary/Abstract: 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.
Journal: Journal for Ethics in Social Studies
- Issue Year: 5/2021
- Issue No: 1
- Page Range: 36-44
- Page Count: 9
- Language: English