Author(s): Monna-Lisa Belu Magdo,Irina Zlătescu / Language(s): Romanian
Issue: 1/2010
The academic work of harmonizing the national legislation with the systems of law of European inspiration, with the international documents and the Community normative acts, entailed a reconsideration of the general principles of civil law and the assimilation of new social human, cultural economic and technical-scientific values, as fields of interest for protection and regulation. In this respect, the new Civil Code (adopted by the Government’s assumed responsibility) is thus part of the normative acts meant to reform the legal system, the fundamental institutions and mechanisms which reflect the substance of the socioeconomic relations, the contemporary European values and the development of the ideological concepts. Promoting the monistic concept on the regulation of the private law relationships among persons, the family relationships and the commercial ones, the new Civil Code achieved the unification of the norms governing the private law relationships included in a large number of separate normative acts, or normative acts the used to be artificially classified as distinctive branches of law, in spite of the fact that the relationships they regulated in their capacity as private law norms could hardly escape the action of the civil law norms. An essential characteristic feature of this new normative act is the equal and effective protection and defence of the human rights and fundamental freedoms, in full harmony with the international regulations, within a unitary legal framework resulting from the ascending evolution of Community law and the incidental international norms. In this respect, the Code reiterates the constitutional principle according to which the international treaties and the Community treaties on human rights shall outweigh the domestic legislation, while at the same time referring to international private law norms for establishing the legal relationships having extraneousness elements. It is worth mentioning such principles as nonretroactivity with the temporal application of the law, the principle of territoriality as well as the rules of the interpretative norms which reiterate the principle of nonretroactivity and limit the juridical interpretation of the law to the case brought before the court. It is also worth mentioning the fact that, on exercising their rights and performing their duties, legal and natural persons shall be urged by good faith, without hurting or injuring someone else or, as the case may be, taking excessive and unreasonable action, contrary to good faith. At the same time, the law-maker accommodates civil liability with guilt, unless otherwise provided under the law, and confers legal effect to common and invincible error, provided it is proved.
More...