PROCEDURA RECUNOAŞTERII DIVORŢULUI DIN STATE TERŢE ÎN ROMÂNIA - DIFICULTĂŢI DATORATE SISTEMELOR DE DREPT
PROCEDURE FOR RECOGNITION OF THIRD STATE DIVORCE IN ROMANIA - DIFFICULTIES DUE TO LAW SYSTEMS

Summary/Abstract: This paper aims to examine the role of established Romanian consulates in non-EU countries such as Australia and New Zealand, by using the comparative research method (between the Anglo- Saxon legal system and the French-oriented Romano-Germanic legal system, based on the Napoleonic Code) and the inductive approach (from particular cases to generalizations) with a view to demonstrate how consular assistance mediates between public international law, private international law and human rights, at the same time observing the constitutional rights of the Romanian citizens. The success of the consulates’ mission in these parts of the world, with a synergy of public and private life totally different from the European one, depends to a great extent on the attempt to strike a balance between what is provided by the long-standing, uncodified, common law tradition (the „horizontal” structure represented by the way in which a person and his/her civil status are perceived in these countries) and the French-inspired Romanian law on civil status documents and its implementing rules, a mandatory link in order to ensure that Romanian citizens can obtain their travel documents. Without the recognition of civil status, even the Romanian Citizenship Certificate of the people who have just (re)obtained it remains a mere diploma of merit for their descendants, not a value-added document generating constitutional rights.

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