The Civil Code of Romania (''Codul civil al României'', commonly referred to as ''Noul Cod Civil'' – the New Civil Code, officially Law no. 287/2009 on the Civil Code) is the basic source of civil law in Romania. It was adopted by

Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...

on 17 July 2009 and

came into force In law, coming into force or entry into force (also called commencement) is the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect. The term is closely related to the date of this t ...

on 1 October 2011. It replaced the Civil Code of 1865 as well as the Commercial Code of 1887 and the Family Code of 1954.

Background

The Civil Code was drafted together with new penal and procedural codes as part of a major effort to reform Romania's legal system after the country's accession to the

European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...

. An impact study contracted by the

Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry. Lists of current ministries of justice Named "Ministry" * Ministry of Justice (Abkhazia) * Ministry of Justice (Afghanistan) * Ministry of Just ...

concluded that the Civil Code was the least difficult to implement of the four new codes, but nevertheless the process was criticized by parts of the Romanian judiciary and civil society for lacking adequate preparatory measures to ensure a smooth transition. The code was adopted in 2009 after extensive parliamentary debate, published in an amended version in the

Official Gazette A government gazette (also known as an official gazette, official journal, official newspaper, official monitor or official bulletin) is a periodical publication that has been authorised to publish public or legal notices. It is usually establis ...

on 15 July 2011, and came into force on 1 October 2011 via the adoption of Law no. 71/2011 on the implementation of the Civil Code.

The code is divided into a preliminary title and seven books (''cărţi''), which contain provisions on

persons A person ( : people) is a being that has certain capacities or attributes such as reason, morality, consciousness or self-consciousness, and being a part of a culturally established form of social relations such as kinship, ownership of property, ...

family Family (from la, familia) is a Social group, group of people related either by consanguinity (by recognized birth) or Affinity (law), affinity (by marriage or other relationship). The purpose of the family is to maintain the well-being of its ...

property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...

, successions,

obligations An obligation is a course of action that someone is required to take, whether legal or moral. Obligations are constraints; they limit freedom. People who are under obligations may choose to freely act under obligations. Obligation exists when ther ...

, prescription and

private international law Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad t ...

. The code was developed in line with the

monist Monism attributes oneness or singleness (Greek: μόνος) to a concept e.g., existence. Various kinds of monism can be distinguished: * Priority monism states that all existing things go back to a source that is distinct from them; e.g., i ...

principle of concentrating private law regulations into a single code, including commercial regulations, and was inspired primarily by the Civil Code of Switzerland and the

Civil Code of Quebec The ''Civil Code of Quebec'' (CCQ, french: Code civil du Québec) is the civil code in force in the Canadian province of Quebec, which came into effect on January 1, 1994. It replaced the ''Civil Code of Lower Canada'' (french: Code civil du Bas- ...

References

*Attila Menyhárd and Emőd Veress (eds). New Civil Codes in Hungary and Romania. (Ius Gentium, volume 63). Springer International Publishing. 2017
Google Books
{{LegalcodesofRomania Law of Romania

Romania Romania ( ; ro, România ) is a country located at the crossroads of Central Europe, Central, Eastern Europe, Eastern, and Southeast Europe, Southeastern Europe. It borders Bulgaria to the south, Ukraine to the north, Hungary to the west, S ...

2011 in law 2011 in Romania

Background

Contents

See also

References