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The Association “Conferences of the Law Faculty of the Bucharest University”
Civil Code
Not a few doubted the viability of the Civil Code immediately after its entry into force.
Despite this and unlike other similar regulations (for instance, the Civil Procedure Code), the Civil Code, in the ten years since its adoption, has proved remarkably robust and… viable!
Firstly, only four of its articles have been amended through the Parliament’s intervention, namely 658, 1112, 2445 and 2504.
Secondly, only one article was invalidated by the Constitutional Court as contrary to the Fundamental Law, namely Article 164 para. 1, on the grounds that it does not provide adequate safeguards for placing a person under interdiction. A second, interpretative decision held that Article 277 para. 2 and 4 of the Civil Code cannot constitute a basis for refusing to grant the right of residence in the country to same-sex spouses married in a European Union State. A third decision of the Constitutional Court declared an Article of Law no. 71/2011, namely Article 229 para. 3 on the tutorship court, unconstitutional, so it was not a Civil Code text.
Finally, the High Court of Cassation and Justice has delivered only 13 judgments on appeals in the interest of the law, targeting – directly or indirectly – texts from the Civil Code and admitted 7 requests for clarification of legal issues raised by some of the provisions of the Code.