Acta Universitatis Danubius. Juridica, Vol 5, No 1 (2009)

The Institution of Marriage in Old Romanian Law

Gabriel Asandului


The institution of marriage is considered one the most important institutions of the family. In this thesis we propose to make a short presentation of this institution, its evolution in Romania, until the advent of the Civil Code and the imposition of civil status records, during the reig n of Alexandru Ioan Cuza. The presentation of Roman legal regulations concerning marriage are intended to make the transition towards the existing institution of marriage in the Geto-Dacian space; there are many similarities between the two forms of regulation of this type of marriage. Until the advent of written standards, the marriage was concluded in accordance with the depositions of Country Rules. The form of concluding a marriage was the religious blessing, without an official written document. The emergence of Christianity has brought profound changes regarding the institution of marriage because the Christian church considered marriage as a Holy Communion where the religious moment coincided with the law. The written standards which will regulate the institution of marriage were inspired from the nomocoanons and collections of Roman-byzantine law, after some modification and adaptation to the internal relations and requirements.


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