Ruperea logodnei – între teorie şi practică
Breaking off the engagement – between theory and practice

Summary/Abstract: The present study examines, on one hand, the legal forms in which gifts offered by the fiancés to one another can present themselves, and gifts offered to them by third parties, in particular focusing on the applicable legal regime, as well as on the practical implications. Being exempt from restitution, the primary characteristics of ordinary engagement gifts has been highlighted in this study, as well as the criteria based on which the aforementioned gifts can be delineated from those that can constitute the object of a claim in restitution. On the other hand, while striving to depict a complete picture of the law institution that is the engagement, we also focused on the matter of civil liability in regards to abusively breaking off the engagement, mainly analyzing the abuse of law theory, as well as the meaning of „abusive break off” under both of its legal forms presented in Article 269 para. (1) (2) of the Civil Code – the abusive breaking off of the engagement and culpably causing the engagement to break off, providing in support of theorists and practitioners a series of original concepts of understanding and interpretation.

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