The study resumes a previously approached topic, including in the pages of the journal Pandectele Române, that relating to the interpretation of art. 48(1) of the Constitution. With Decision no. 580/2016 and no. 539/2018, the Constitutional Court made a restrictive interpretation of the text, in the sense that it only considers marriage between a man and a woman. The interpretation of the Constitutional Court formalizes a doctrinal thes...

The idea of the study started from the fact that the exception to the principle regarding the matrimonial age concerns the marriage of a natural person who, in the Romanian legal system, has the legal status of a child, a status that entails the corresponding incidence of both the legal provisions that enshrine this exception and those regarding the protection and promotion of children’s rights. From the second category, we mainly cons...

Law no. 140/2022 brought important news regarding some conditions for the valid conclusion of marriage. In accordance with its name, the study is devoted to the analysis of the legal provisions regarding the prohibition of marriage between the guardian and the person protected by him, as well as those regarding the oppositionto the marriage of the natural person who benefits from judicial counseling or special guardianship. ...

Through this study we resume a topical issue of great interest in Romania, on which we have focused in previous papers, some published in the journal “Pandectele Române”. The question that remains is to determine whether, at present, in Romania, same sex marriages are allowed or not. Unlike the previous approaches, we have found it appropriate to take a look at the evolution, in the Romanian space, of the regulations dedic...