The Incapacity of the Married Woman in Interwar Romania: from the Issue of Legislative Unification to the Possibility of Practising Advocacy

Sevastian Cercel ()
Additional contact information
Sevastian Cercel: “C.S. Nicolăescu-Plopşor” Institute for Research in Social Studies and Humanities from Craiova, of the Romanian Academy

Anuarul Institutului de Cercetări Socio-Umane „C.S. Nicolăescu-Plopșor” (“C.S. Nicolăescu-Plopşor” Institute for Research in Social Studies and Humanities Yearbook (CSNIPSSH Yearbook)), 2022, issue XXIII, 9-28

Abstract: The incapacity of the married woman in interwar Romanian law is analyzed in the general context of the legal system of that period, which raises the question of legislative unification. From the perspective of the Romanian legal tradition in this field, but also of positive law, the doctrine and case law have clarified several relevant aspects. An interesting 1920 debate concerned the possibility for women to practice the profession of lawyer. The arguments brought by one side or the other reconstruct, to a great extent, the general attitudes regarding the incapacity of women in private law. In the field of equal political rights, the Constitution of 1923 stipulated the need for special rules “voted by a two-thirds majority” to establish “the conditions under which women can exercise political rights”. The ordinary legislature was to decide, sometime in the future, whether, at this level, it would establish a full equality of women and men, or whether it would grant women only in part a number of political rights which men had.

Keywords: married woman; incapacity; profession of lawyer; legislative unification; 1923 Constitution (search for similar items in EconPapers)
Date: 2022
References: View complete reference list from CitEc
Citations: Track citations by RSS feed

Downloads: (external link)
https://npissh.ro/wp-content/uploads/2022/12/1.-Sevastian-Cercel.pdf (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:azn:journl:y:2022:i:xxiii:p:9-28

DOI: 10.59277/CSNPISSH.2022.01

Access Statistics for this article

Anuarul Institutului de Cercetări Socio-Umane „C.S. Nicolăescu-Plopșor” (“C.S. Nicolăescu-Plopşor” Institute for Research in Social Studies and Humanities Yearbook (CSNIPSSH Yearbook)) is currently edited by Mihaela Bărbieru

More articles in Anuarul Institutului de Cercetări Socio-Umane „C.S. Nicolăescu-Plopșor” (“C.S. Nicolăescu-Plopşor” Institute for Research in Social Studies and Humanities Yearbook (CSNIPSSH Yearbook)) from Institutul de Cercetări Socio-Umane „C.S. Nicolăescu-Plopșor” al Academiei Române
Bibliographic data for series maintained by Mihaela Bărbieru ().