LEGAL NORM AMID THE VALUES OF THE EUROPEAN UNION AND NATIONALISM
LEGAL NORM AMID THE VALUES OF THE EUROPEAN UNION AND NATIONALISM

Summary/Abstract: After more than 150 years, in Romania, since 2009 there has been a profound and necessary legislative reform in matters of private law. If we consider the words of Portalis (Portalis (1844):92) which claims that the Civil Code "is a body of law designed to regulate and fix social, family and real relationships, set among the persons belonging to the same citadel," we can easily justify the interest generated by this reform even if this interest was materialized in appreciation or criticism. Starting 1864, continuing with the draft of the Civil Code of the Socialist Republic of Romania in 1979 and ending with the current Civil Code adopted in 2009, each reform time has benefited from the appreciations of those who support the modernization of the legislative framework, but also of the critical remarks of conservative commentators who always brought into question the manner of adopting the draft law on the Civil Code, the moment chose for the reform, the speed of achieving it and not least the source of inspiration of the committee who drafted the initial draft of the Civil Code. In this context we could identify an apparent conflict between the need for modernization of the legislation and the need to preserve the spirit and national legal traditions.

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