Divorce by consent of the spouses from a historical perspective, past-present Cover Image
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Divorţul prin acordul soţilor dintr-o perspectivă istorică, trecut-prezent
Divorce by consent of the spouses from a historical perspective, past-present

Author(s): Oana Elena Buzincu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: divorce; historical perspective; mutual consent; Legal Codes; Civil Code 1864; Family Code; Civil Code; comparative law;

Summary/Abstract: Just like any other respectable institution in the legal field, the divorce by mutual consent has its origins in the Antiquity. With the present study we aimed to highlight the characteristics of divorce in general and of the divorce by mutual consent in particular from a time perspective, considering the stages of the society evolution. Therefore, the journey begins in the Antiquity, continues with the period of legal codes and significant changes brought by the entry into force of the Civil Code of 1864, as well as those of the Family Code and its amending laws and ends with a new perspective of divorce as it was conceived by the legislator of the 2009 Civil Code. The essential aspects presented are related to the comparative view of the divorce institution from a historical legal perspective, with elements of comparative law and jurisprudence, which form before the eyes of the reader an evolutionary image of the institution and provide a clarification of the current legislation.

  • Issue Year: 2021
  • Issue No: 1
  • Page Range: 46-60
  • Page Count: 15
  • Language: Romanian
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