CĂSĂTORIA RELIGIOASĂ ȘI REGIMUL EI JURIDIC ÎN DREPTUL ROMAN ȘI ÎN CEL ROMÂN. CONSIDERAȚII ȘI EVALUĂRI
RELIGIOUS MARRIAGE AND ITS LEGAL REGIME IN ROMAN AND ROMANIAN LAW. CONSIDERATIONS AND ASSESSMENTS

Summary/Abstract: In order to better understand the legal status of religious marriage, it is necessary to go back "ad fontes", i.e., to the "Fas" (religious law) and to the "jus civile romanum" (Roman civil law), commented on by the renowned Roman jurisconsults of the first three centuries, whose definitions of marriage created the classical doctrine of marriage law. According to the testimonies of Roman jurisconsults, religious marriage took place in the temple of Jupiter, the patron of the married, and was performed in a solemn atmosphere, culminating in the ritual administered by the priests of that place of worship according to the rules laid down by the jus sacrum, i.e., the divine (sacred) law, which gave this marriage priority over civil marriage. In the New Civil Code, religious marriage is conditional on the prior conclusion of civil marriage and does not carry legal effects. We are therefore far from the rules laid down in 10th century Byzantine law, according to which a marriage was valid only if the spouses entered into a religious marriage (cf. Novel 89, Leo the Wise). Considering these peculiarities of Roman and Byzantine law, and the current rules of Romanian law on the institution of marriage, we wanted, through our scientific approach, to bring new clarifications and precisions to contribute to a better knowledge of matrimonial law.

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