CONTINUITY AND NEW LEGAL ASPECTS REGARDING THE NULLITY OF MARRIAGE

Irina Apetrei*

p. 165 - 176

Abstract

The New Romanian Civil code (Law no. 287 of 2009), that has entered into force on October 1, 2011, is an innovative, reforming code, both in respect of civil legal relations, as well as of legal relations of family law and of commercial law, aspects that are incorporated in its structure.

With regard to the legal relations of family law, that naturally belong to the Civil code, the current regulation brings a series of updates and significant legislative amendments.

This study aims to be a detailed analysis of the aspects of continuity, but mostly of the novelty aspects concerning the nullity of marriage. Thus, the former dichotomy of the nullity sanction as express nullity and virtual nullity becomes inapplicable in the case of the nullity of marriage, since the current regulations establish only the cases of express nullity of marriage. This study outlines, in particular, the new regulation on the cases of absolute nullity of marriage, and on the cases of relative nullity of marriage.

Keywords: Romanian Civil Code, nullity of marriage

* Irina Apetrei, Ph.D., is a Lecturer at “Mihail Kogălniceanu” University , Iaşi , Romania; contact: ireneapetrei.at.yahoo.com

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