Opinii despre concubinaj şi căsătorie în dreptul român
Opinions regarding concubinage and marriage in Romanian law

Summary/Abstract: Considered as a de facto cohabitation of man and woman in the absence of statutory procedures for marriage or a state of affairs or an illegitimate marriage between the two, concubinage has determined legislators to react since early history. Although in its essence, and especially in relation to Christian norms, concubinage is regarded as a negative social phenomenon, there has been a tendency to tolerate and regulate its diverse effects, most commonly in a similar way to the effects that result from the legal act of marriage. Consequently, at a certain point in time, Romanian jurists began to consider it a lower rank marriage. The present Romanian Civil Code, as well as other previous or subsequent legislation provide examples that serve this purpose. Concubinage is different from the legal act of marriage, but it also possesses important common elements with civil partnership and other forms of unmarried couples. By means of this research paper we intend to present the defining elements of concubinage and to identify the aspects that make it different from the legal act of marriage.

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