Private Law in Transylvania after 1945 and to the Present Day
Private Law in Transylvania after 1945 and to the Present Day

Summary/Abstract: Following the Second World War, a major transformation of Romanian private law occurred, whence also the private law applicable in the geographic region known as Transylvania was transformed under the Soviet-type dictatorial regime, which would rule the country between 1948 and 1989. Suppression – akin to abolition – of private property, wide-scale nationalization, and collectivization are presented in this study through the legal norms by which the socialist transfiguration of the national economy was meant to be achieved, along with that of personal rights and attitudes. Following the regime change of 1989, a reversion to historical patterns of regulation and then the gradual evolution of Romanian private law took place. We examine the legislative measures for the restoration of the rule of law and for achieving a transition to a market economy. We present in detail the private law implications of the (incomplete and imperfect) restitution of nationalized property and of privatization. We also show that the structure of Romanian private law was altered by the transition to the monist system of regulation, commercial law being apparently (but not in practice) merged into civil law.

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