ENGAGEMENT - „COMMITMENT TO MARRY″ OR „MARRIAGE COVENANT″?

According to the provisions of the Civil Code in force, engagement is the mutual promise to conclude the marriage. As it will emerge at the end of our study, in order to be in the presence of an engagement, the promise to conclude the marriage must be mutual, i.e. bilateral, concordant of both parti...

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Main Author: Ciprian Raul ROMIŢAN
Format: Article
Language:English
Published: Nicolae Titulescu University Publishing House 2023-06-01
Series:Challenges of the Knowledge Society
Subjects:
Online Access:http://cks.univnt.ro/download/cks_2023_articles%252F2_CKS_2023_PRIVATE_LAW%252FCKS_2023_PRIVATE_LAW_010.pdf
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author Ciprian Raul ROMIŢAN
author_facet Ciprian Raul ROMIŢAN
author_sort Ciprian Raul ROMIŢAN
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description According to the provisions of the Civil Code in force, engagement is the mutual promise to conclude the marriage. As it will emerge at the end of our study, in order to be in the presence of an engagement, the promise to conclude the marriage must be mutual, i.e. bilateral, concordant of both parties, man and woman. In the course of our study we will also make a brief history of the main legal regulations of this institution and also, given that over the ages various opinions have been expressed, we will analyze and find out what is the legal nature of engagement and its legal characters. At the same time, we will find out how to prove that two people, a man and a woman, are engaged and what are the substantive and formal conditions for the conclusion of the engagement, as well as the impediments to the conclusion of the engagement. Finally, we will analyze the effects of breaking off the engagement, the obligation to return the gifts and who is liable for the wrongful breaking of the engagement.
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spelling doaj.art-439c5b3ef27e4c85971f0e6ac543bcfe2025-01-02T12:59:43ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962023-06-01161164170ENGAGEMENT - „COMMITMENT TO MARRY″ OR „MARRIAGE COVENANT″?Ciprian Raul ROMIŢAN0PhD, Assistant Professor, Faculty of Law, „Romanian-American” University; Attorney at Law, Bucharest Bar Association; Partner at SCA „Roş şi Asociații” (e-mail: ciprian.romitan@rvsa.ro).According to the provisions of the Civil Code in force, engagement is the mutual promise to conclude the marriage. As it will emerge at the end of our study, in order to be in the presence of an engagement, the promise to conclude the marriage must be mutual, i.e. bilateral, concordant of both parties, man and woman. In the course of our study we will also make a brief history of the main legal regulations of this institution and also, given that over the ages various opinions have been expressed, we will analyze and find out what is the legal nature of engagement and its legal characters. At the same time, we will find out how to prove that two people, a man and a woman, are engaged and what are the substantive and formal conditions for the conclusion of the engagement, as well as the impediments to the conclusion of the engagement. Finally, we will analyze the effects of breaking off the engagement, the obligation to return the gifts and who is liable for the wrongful breaking of the engagement.http://cks.univnt.ro/download/cks_2023_articles%252F2_CKS_2023_PRIVATE_LAW%252FCKS_2023_PRIVATE_LAW_010.pdfengagementfamily lawpromisemarriagebreaking of engagementrestitution of giftswrongful breaking of engagement
spellingShingle Ciprian Raul ROMIŢAN
ENGAGEMENT - „COMMITMENT TO MARRY″ OR „MARRIAGE COVENANT″?
Challenges of the Knowledge Society
engagement
family law
promise
marriage
breaking of engagement
restitution of gifts
wrongful breaking of engagement
title ENGAGEMENT - „COMMITMENT TO MARRY″ OR „MARRIAGE COVENANT″?
title_full ENGAGEMENT - „COMMITMENT TO MARRY″ OR „MARRIAGE COVENANT″?
title_fullStr ENGAGEMENT - „COMMITMENT TO MARRY″ OR „MARRIAGE COVENANT″?
title_full_unstemmed ENGAGEMENT - „COMMITMENT TO MARRY″ OR „MARRIAGE COVENANT″?
title_short ENGAGEMENT - „COMMITMENT TO MARRY″ OR „MARRIAGE COVENANT″?
title_sort engagement commitment to marry or marriage covenant
topic engagement
family law
promise
marriage
breaking of engagement
restitution of gifts
wrongful breaking of engagement
url http://cks.univnt.ro/download/cks_2023_articles%252F2_CKS_2023_PRIVATE_LAW%252FCKS_2023_PRIVATE_LAW_010.pdf
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