Unele consideraţii privind impactul dreptului
francez asupra celui românesc, în contextul
formării României moderne
SOME CONSIDERATIONS REGARDING THE IMPACT OF THE FRENCH LAW ON THE ROMANIAN LAW, IN TEH CONTEXT OF THE FOUNDING OF THE MODERN ROMANIA
Author(s): Andrei Tinu, Cătălin BobocSubject(s): Law and Transitional Justice
Published by: Editura Hamangiu S.R.L.
Keywords: Law; impact; constitution; act; state;
Summary/Abstract: In the 19th century take splace not only the establishment of the independent Romanian State, but also the founding of various juridico-instituţional principles of its functionng. It is the century when the small nations are trying to break away from the domination of the Great Powers. France is the country that best felt the need of the under privileged of Europe, acting accordingly. The Romanian people had France’s attention directed towards them France paid heed and protection to the Romanian people, while their law, culture and administration used the patterns provided by Paris. It is known that Muntenia and Moldova, the two Romanian countries who chose to “walk” the same path, starting with 1859, had elite who benefited from a western formation, especially in France. As a consequence, impregnated with the innovative ideas of the French revolution in 1789, people such as Nicolae Balcescu, Mihail Kogalniceanu or Ion. C. Bratianu were at the fore of the Pasoptist revolutionists and later at the fore of the founding fathers of the Romanian state.This study attempts to analyse, from a historical and institutional perspective, the impact of the French law on the Romanian one, as we find it in the main juristic documents of the first seven decades of the 19th century. The study cannot and attempts not to cover all the French elements in the Romanian legal system, which is ascertained to be a mere copy of the original pattern, the purpose of the authors being to synthesize the most important information regarding the way the legal system of a Great Power is reflected upon a state in its incipent stage.
Journal: Conferința Internațională de Drept, Studii Europene și Relații Internaționale
- Issue Year: I/2013
- Issue No: I
- Page Range: 668-675
- Page Count: 8
- Language: Romanian