The New Codes – Tradition and Modernity in the Post- Communism

Roxana Gabriela Albastroiu ()
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Roxana Gabriela Albastroiu: Ph. D. Candidate, University of Craiova, Faculty of Law and Administrative Sciences

Jurnalul de Studii Juridice, 2012, vol. 1-2, issue 4, 125-142

Abstract: The new Civil Code camed into force on October 1, replacing the old code dating from 1864, adopted during Prince Alexandru Ioan Cuza’s reign and largely inspired from the French 1804 civil code. The code introduces new elements concerning contracts between clients and banks, allowing the court to intervene in such contracts. The new Code also introduces two new legal institutions: engagement and the marriage contract, and brings modifications in fields such as respect for one’s private life, divorce or wills. We have to mention that, besides this reforms, the new Civil Code retains the traditional principles found in any code. The necessitz of renewal, as well as the chaoslike atmosphere caused by the legislative plethora encountered after 1989 led to drafting a new code. Founden on the Canadian model (Civil code of Quebec), the project adopted in 2009 take account of jurisprudential and doctrinal innovations, and reintroduce the material which were removed of the Code for the last 50 years. The recoding process is more complex as it is found in several European countries, and also at European Union legislation, especially in terms of contract law. In our scientific approach we try to analyze the traditional elements but also the modern elements found in the new coding act.

Keywords: the codes; the convergence criteria; the legal security; the accessibility; the law reform (search for similar items in EconPapers)
JEL-codes: A23 (search for similar items in EconPapers)
Date: 2012
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