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ENGAGEMENT – A LEGAL INSTITUTION RECENTLY INTRODUCED IN THE NEW ROMANIAN CIVIL CODE
Abstract
Among the many changes made following the entry into force of the new Civil Code in family law field, the civil engagement institution is governed by Articles 266-270. Even though there is so far a genuine judicial practice (although some unsuccessful actions began to be resolved), an analysis of this institution we find particularly timely, especially given the fact that the doctrine has not reviewed until now this institution. This paper proposes a critical analysis of legislation and formulates proposals for lege ferenda, using the logical structure of a presentation: preliminary considerations, the concept of engagement, the relationship between engagement and partnership cohabitation, substantive analysis and formal conditions for the conclusion of the engagement, breaking engagement penalty.
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