A CRITICAL VIEW OVER THE LEGAL TERMINOLOGY OF THE NEW CIVIL CODE

  • Sache Neculaescu Faculty of Legal, Social and Political Sciences, University ”Valahia” of Targoviste, Romania

Abstract

A new Civil Code in Romania is an event long-expected by theorists and practitioners of law. The current Civil Code inspired by the  Napoleon Code from 1804, which entered into force on 1 January 1865, has undergone major changes and succesive additions during the 45 years of communist regime. The Revolution of 1989, initiated the process of building the rule of law and powed the way to the adaption of the Romanian legislation to European requirements especially after Romania's accession to EU. All the previous projects of a new Civil Code had to be subordinated to the new overall European design of fundamental human rights and to the general trends of European private law in particular to those relating to contract law, where there have been developed a number of major European projects of codification. The principle of autonomy, as outlined in the Napoleon Code which was under the influence of French Revolution ideals of 1789, is today increasingly gnawed and in the process of replacement with a new vision, solidarism. A set of European initiatives such as Lando Principles, the German vision of a European Civil Code, developed by Professor Christian von Bar, the proposal launched by the Italian Professor Giuseppe Gandolfi, and the French law reform draft and prescription requirements developed by the academic group led by Professor Pierre Catala, envisaged a series of new and modern solutions, which our new Civil Code had to take into account. Influenced by effervescent offers of European private law codification, the new Civil Code authors have reformulated a number of provisions of the first draft of a new Civil Code, approved by the Romanian Senate in 2004, taking over  new normative solutions as well as a number of terms used both by new projects and the Civil Codes in the province of Quebec and in Italy. Grafted on the classical ”tale quale” terminology of Romanian civil law, a number of new terms, borrowings from other  codes affect the accuracy of legal acts. The purpose of this paper is to examine the impact of some new legal terms used in the new Civil Code, on the national law system on the one hand and on the other hand in a series of important materials for the study of civil rights.\ Keywords: socio-political processes, civil procedural law
Published
2011-12-10
How to Cite
NECULAESCU, Sache. A CRITICAL VIEW OVER THE LEGAL TERMINOLOGY OF THE NEW CIVIL CODE. Anales Universitatis Apulensis Series Jurisprudentia, [S.l.], n. 14, dec. 2011. ISSN 1514-4075. Available at: <http://journals.uab.ro/index.php/auaj/article/view/136>. Date accessed: 16 dec. 2017.