Romania Civil, Commercial, and Criminal Law

By | January 14, 2022

Civil law. – The Romanian civil code has been in force since 1865. It was to have as its basis the project of the Italian minister Pisanelli; however, the French civil code, second edition of 1807, was used, with further modifications. Most of the texts are translated from the corresponding French texts. However, there are also differences, some of which are very important, between the two codes. On the one hand, many institutions included in the French code have been eliminated, such as: civil death, fidecommissary replacements, the regime for the conversion of assets between spouses (the legal regime, in the absence of an agreement, is the separation of assets; movable dowry is alienable), personal separation (which has never been known in Romania, where divorce has always been admitted), the condition of vitality of the child, the surface and the long lease, the termination of the division due to injury, etc. On the other hand, various rules have been added or changed. Some have been drawn from the old Romanian law: the admission of some matrimonial impediments resulting from spiritual kinship, guardianship and curatorship; the transformation of the deposit into a real penalty clause; the fourth widow of the poor woman (nov. 53 and 117 then passed into the old Romanian law), etc. Some modifications are inspired by the Italian project: the change in the systematic ordering of the subject of bonds; the improvement of some definitions (contracts, quasi-contracts, crimes, quasi-crimes); joint and several liability of the co-perpetrators of a crime, etc. The regime of securities privileges is imitated by the Belgian law of 1851. Finally, other changes, especially in matters of prescription, were derived from the Marcadé. On the other hand, the modifications introduced by the promulgation of the code up to now are more important, with numerous laws, among which we limit ourselves to mentioning the following: law of 1904 (modified in 1913) on oil concessions, consecrating the principle of apparent ownership;  1906 law relating to marriage, divorce, paternity, childbirth, legitimacy, adoption; decree law of 1918 and law of 1921, with which the great agrarian reform was carried out, with important repercussions in the area of ​​special contracts and succession; law of 1921, which reduces the right of successionab headed online collateral; Law of 1924 on non-patrimonial legal persons; 1928 law on civil status records; 1924 law on employment contracts; usury law of 1931; 1934 Debt Conversion Act, etc.

Civil procedure. – According to topmbadirectory, the code of civil procedure has been in force since 1865. It is largely inspired by the French code of civil procedure, the French law of 1855 on transcripts, the Belgian law of 1851 on mortgages and the Geneva code of 1819. It has undergone numerous modifications, among which the most important were made with the law of 1900 and with that of 1925 (modified in 1929) to speed up the processes. We mention the following fundamental principles: the prohibition of creating extraordinary courts; equality, before justice, between Romanians and foreigners; the principle of two degrees of jurisdiction: first instance and appeal instance (the appeal in cassation is of a constitutional nature; the court of cassation does not judge in fact but only examines whether the judges on the merits have applied the law exactly; it therefore does not form a third degree of jurisdiction). The trial is public, oral, with the parties’ cross-examination.

Commercial law. – The commercial code currently in force dates from 1887. It replaced an old code, translated from the French commercial code of 1807. The main guide of the legislator of 1887 was the Italian commercial code of 1883. Secondary sources are the commercial code French, the Belgian Pledge and Commission Act of 1872, the German Promissory Note of 1848, the German Commercial Code of 1869, etc. The legal regime of Romanian trade is complemented by numerous laws (some of which prior to the code): on factory trademarks, general warehouses and docks, on lost, destroyed or stolen bearer securities, on itinerant trade, on chambers of industry and commerce, on commercial exchanges, on the commercial register, on industrial property (invention patents), on cooperation, on arrangement with creditors, etc. The code itself has been amended several times, in 1895 regarding bankruptcy, in 1906 regarding the employment contract, etc. By acceding to the Geneva Convention, Romania promulgated the bill of exchange and order notes and the check law, both of 1934.

Criminal law and procedure. – The respective codes date from 1865. The penal code is especially inspired by the French penal code of 1810 and its subsequent modifications. Other provisions are made by the Prussian penal code of 1851. It underwent important modifications in 1874, when, among other things, the minimum and maximum of the prison and the correctional fine were increased. Other less important changes, generally always with regard to the corrective purpose, have been made further. The death penalty does not exist in Romania except in wartime in accordance with military criminal law. The Code of Criminal Procedure was developed according to the French Code of Criminal Instruction of 1808. It has been amended several times with the laws on individual liberty, on education and judgment in the event of flagrant crime and,

Legislative unification. – With the annexation to the old kingdom of the provinces which until the World War were incorporated into the empires of Austria-Hungary and Russia, three kinds of different legislations came into force alongside the Romanian codes. Partial unification was adopted with the laws promulgated after the war and with the introduction of the Romanian codes in Bessarabia. The work of the various commissions in view of general unification began after national unification. In 1925, with the establishment of the Legislative Council, this task passed to the new body. Most of the projects have been completed and have been submitted to parliamentary deliberations.

Romania Criminal Law