Acta Universitatis Danubius. Juridica, Vol 13, No 2 (2017)

Abstract

Objectives: The present study aims at radiographing the marital phenomenon, being at the confluence of two areas with distinct social and moral implications. Prior Work: Marriage is a family law institution, the regulation of which was not indifferent to the Romanian legislator who proposed to adopt and renovate the legal norms in the matter. With most often imperative provisions, the new civil law provides for the background and form conditions of marriage. From a different perspective, the canon law puts the legal provisions on a second place and imparts to this union of two persons a sacredness that goes beyond the legal domain. Approach: After studying the regulation of the family law institutions, we will highlight the non-involvement of the religious factor in the juridical side, and the contradictions between family law and canon law, concerning only the moral dimension of the family, more formally supported by the civil law and the procedure for regulating marriage, the imposed conditions and impediments. Thus in the family law the legislator does not give priority to personal experiences, to the mutual love of spouses as the first condition of their union in marriage. Value: In order to accomplish this we shall also present a personal perspective regarding the two essential conditions for the concluding of the religious wedding, as they are not valid from a juridical point of view.