Articolul 277 din Codul civil român, încotro?
Article 277 of the Romanian Civil Code, whereto?
Author(s): Codruța HageanuSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: art. 277 of the Civil Code; case of Coman; concept of “spouse”; freedom of movement in the European Union;
Summary/Abstract: The numerous changes suffered by the traditional societies under the influence of globalization determined, in the second half of the 20th century and at the beginning of the 21st century, a real revolution of the family and of the principles governing this institution. This paper considered the recent case law of the European courts, which, despite of the resounding echo in the media, does not require the recognition of marriage between people of the same sex in countries whose judicial system interdicts thee marriages (decision of the CJEU in case Coman and Hamilton, C-673/16), in turn, it requires the States to have the positive obligation of making sure that same-sex couple disposes of a specific legal framework which should ensure it the recognition and protection of the specific unions (ECHR, case Oliari and others vs. Italy).
Journal: Revista Română de Drept Privat
- Issue Year: 2018
- Issue No: 03
- Page Range: 148-154
- Page Count: 7
- Language: Romanian
- Content File-PDF