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Contents
I. INTRODUCTION.........1
I. 1. Parallel between the Romanian and the Anglo-Saxon family law..............1
I. 1. 1. History of family law in UK and in Romania.....1
I. 2. Marriage......
I. 2. 1. Engagement............
I. 2. 2. Conditions for a marriage to be valid.............
I. 2. 2. 1. Conditions of content.............
I. 2. 2. 2. Conditions of form..
I. 2. 3. Ending of a marriage...
I. 2. 3. 1. Nullity.
I. 2. 3. 2. Presumption of death and dissolution of marriage..........
I. 2. 3. 3. Separation agreement.............
I. 2. 3. 4. Divorce
I. 2. 3. 4. 1. Grounds for divorce...........
I. 2. 3. 4. 2. Procedure.....
I. 2. 3. 4. 3. Appeal and jurisdiction.......
I. 2. 3. 4. 4. Effects............
I. 3. Parents and children.......
I. 3. 1. Rights and duties...
I. 3. 2. Guardianship.........
I. 3. 2. 1. Appointing of a guardian .....
I. 3. 2. 2. The rights and the obligations of the guardian.............
I. 3. 2. 3. The ending of guardianship.....
I. 3. 3. Wardship............
I. 3. 3. 1. The appointment of a ward...
I. 3. 3. 2. The end of wardship..............
I. 3. 4. Adoption
I. 3. 4. 1. Conditions for adoption......
I. 3. 4. 1. 1. Who can be adopted...
I. 3. 4. 1. 2. Who can adopt............
I. 3. 4. 1. 3. Who cannot adopt.......
I. 3. 4. 1. 4. The need for parental consent.........
I. 3. 4. 1. 5. The duty to promote the welfare of the child........
I. 3. 4. 2. Institutions that deal with adoption........
I. 3. 4. 3. Procedure...........
I. 3. 4. 4. Effects
I. 3. 4. 5. Ending an adoption............
I. 3. 4. 5. 1. The effects of ending an adoption........
I. 3. 5. Care proceedings
I. 3. 5. 1. What orders can be made..
I. 3. 5. 2. Appeal...........
I. 4. The legal status.........
I. 4. 1. Filliation.............
I. 4. 2. The status of the child with married parents....
I. 4. 3. The status of the child with unmarried parents..
I. 4. 4. Affinity and relatives...
II. TERMINOLOGY...........
II. 1. Definition...
II. 2. Types of terminology.....
II. 3. Technical terminology....
II. 4. Glossary........
II. 5. Semantic fields..............
II. 6. Concept map...
II. 6. 1. Procedure
II. 6. 2. Concept map............
III. GLOSSARY ON THE FAMILY LAW TERMS.......
IV. COMMENTS ON THE TERMS.........
Abbreviations.....
Bibliography/Bibliografie.....
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I. INTRODUCTION

I. 1. Parallel between the Romanian and the Anglo-Saxon family law

I. 1. 1. History of family law in UK and in Romania

One of the major differences between the family laws of the two countries consists in how this branch appeared in the two countries, and who deals with matters of family law.

In UK, up until the nineteenth century, family law matters were dealt with by the Church of England through its ecclesiastical courts.The High Court assumed responsability for family law through the Matrimonial Causes Act 1857 which set up a divorce court as part of a Probate, Divorce and Admiralty Division of the High Court. The High Court also dealt whit some metters concerning children through the Court of Chancery.The High Court was reorganised by the Administration of Justice Act 1970 when the Family Division of the High Court was formed. County courts have, since 1967, dealt whit much family law work, primarily through their jurisdiction to grant uncontested divorces and deal with financial provision following divorce.Magistrates have had jurisdiction to make matrimonial orders since 1878.

Family law matters are thus split between three different levels of court. There have been a number of proposals (eg the Finer Report) to create a unified Family Court, but this has not been achieved. The children Act 1989 made wide-ranging reforms, rationalising the way in which the different levels of court operated in relation to each other, and this has allowed for a more uniform approach to family law. However, this has been complicated by the Child Support Act 1991. Under this Act Government Agency now deals with most cases of financial provision for children, while the courts retain jurisdiction to deal with other family matters.

In the nineteenth century, family law was largely concerned whit marriage and the consequences of a failed marriage. The principal remedy in the ecclesiastical courts was nullity; a divorce could only be obtained at great cost by a Parliamentary Bill. The courts were then given the right to grant a divorce, but only on very restricted grounds which were often only available to the husband. Divorce law was mainly concerned whit finding one of the spouses to have been at fault: having committed a ’matrimonial offence’. The present divorce law was established through the Divorce Reform Act 1969 which abolished the idea of fault in divorce proceedings. The Matrimonial Proceedings and Property Act 1970 gave the courts considerable discretion an powers to make orders for financial provision.These two Acts were consolidated into the Matrimonial Causes Act 1973 which remains the statute dealing with divorce and financial provision after divorce. Significant reforms to divorce law were made by the Family Law Act 1996 which was passed in July 1996, but these provisions have yet to be brought into force. The no fault principle was extended to magistrates’ courts by the Domestic Proceedings and Magistrates’ Courts Act 1978 in terms of making maintenance orders between separated spouses.

As far as children are concerned the law used to be concerned with protecting the overriding rights of the fathers eith regard to their children. Children were regarded as the property of their parents, particularly as the property of their father. The rights of the mother then became more important until the parents were largely recognised as equals. The law then moved on to recognise the rights of the child, whose welfare is now the overriding

consideration in most applications concerning upbringing. The Children Act 1989 radically reformed the law in this area and is the leading statute on resolving disputes.

In Romania, family law appeared once with the application of Family Code. The Code appeared after a number of judicial acts, that marked the detachment of family law from the civil law. The begining of this development is reprezented by the Constitution from 13 April 1948, which deals with precautions concerning family relations:the equality between husband and wife; the state provided protection to family and marriage, to the mother and the child; parents have the same duties concerning the children born durind the marriage and even after the marriage ended. The Article 105 deliberately specified the revision of other codes and other laws, to bring them into unison with the Constitution, also making provision that since its application all the stipulations in the Civil Code concernig the equality between man and woman , that is those that had established an inequality between father and mother and their children, and the restrictions for a woman concernind the disabled, were abrogated. The replacement of the old texts incompatible with the principle of equality between the children born during a marriage and those after the end of the marriage had been accomplished through independent judicial acts. Exemples of this kind of judicial acts are: Decree no.130 on April 1949 on the juridical situation of the legitimate child; Decree no. 131 on April 1949 to mode articles 309, 312 and 314 in the Civil Code on adoption; Decree no. 182 from 19 October 1951 on adoption. In the labour related matters , appeared the Work Code-Law no. 3 from 8 June 1950-that made provisions, in capter XI, entitled ”The work of young men and women”. These stipulations meant to assure the translation de facto of the principle of equality between men and women.

The 1952 Constitution also included provisions regarding family relations: Equality between men and momen in all the aspects of economic, political, cultural life, women having the same rights as men concerning work, education, social assurance, payment, holidays; provided aid to several children and single mothers, paid leaves to pregnant mothers. The 1952 Constitution turned family law into an acknowledged, independent law branch, throught the adoption and application of Family Code.

Finaly, the 1991 Romanian Constitution has a few stipulations regarding family law: family is base don the free consent of the spouses, their equality, the right and obligation of the parent to provide for reasing, education of children, special assistance and protection so that the rights of the children and young people not to be violated, the equality between the legitimate and the illegitimate children; civil marriage, special protection given to the disabled , protection of family life, rights regarding education to children and young people, rights regarding the protetection of health and the protection of the work of women and young people.

Family law is the totality of judicial norms which regulates the personal and patrimonial relations that derive from marriage, relativity, adoption and the relations assimilated by law, under certain circumstances, with family relations, for the purpose of the protection and strenghten of family. Most of the judicial norms regarding family law are found in the Family Code. In our system of law, we counter 7 general principles of family law: 1. the principle of the protection of family and marriage; 2. the principle of the protection of the interests of the mother and child; 3. the principle of the free marriage built up on the consent of the spouses; 4. the principle of equality between men and women; 5. the principle of the practise of rights and fullfilement of parental dities in the interest of the children; 6. the principle that states that family members owe financial and moral support each to another; 7. the principle of monogamy;

Family law has a connection with other brachces of law such as: constitutional law, civil law, financial law, international private law etc.

I. 2. Marriage

Marriage is a relationship between individuals which often forms the foundation of a family. Marriage can include legal, social, and religious elements. In Western societies, marriage has traditionally been understood as a contract between a man (husband) and a woman (wife), while in other parts of the world polygamy has been the most common form of marriage.Europe and the United States have defined themselves as monogamous cultures. This was in part a Germanic cultural tradition, a requirement of Christianity (after the sixth century AD), and a mandate of Roman Law. However, Roman Law supported prostitution, concubinage, sex outside of marriage, homosexual sex, and sexual access to slaves. The Christian West formally banned these practices. Globally, most existing societies no longer allow polygamy as a form of marriage. For example, China shifted from allowing polygamy to supporting only monogamy in the 1953 Marriage act after the Communist revolution. Most African and Islamic societies continue to allow polygamy (around 2.0 billion people). Probably, less than 3% of all Muslim marriages are polygamous. It is increasingly expensive in an Urban setting, but more useful in rural areas where children are a future source of agricultural labor. Most of the world's population now live in societies where polygamy is less common and marriages are overwhelmingly monogamous.

As a difference between the two family laws, the Romanian and the Anglo-Saxon one in Romanian family law, the notion of marriage is used with two different meanings. First, it means the judicial act between two people that wish to get married. For the marriage to take place, it is absolutely necessary for the consent of the two future spouses, and once the marriage is contracted it is under the protection of the law. Second, marriage means the judicial situation, generaly permanent, of the spouses. This judicial situation is determined by the legal regulation regarding marriage. The two features of the two meanings are covered by the definition. So, marriage is the freely consented union between a man and a woman, contracted according with the legal disposition, with the purpose of founding a family, and regulated by the imperatives of the law.

Marriage is considered to be a conditional judicial act because the parts, the two spouses can only decide whether the legal status of marriage should be applied or not without the possibility of modifing it .The characteristics of marriage are: 1) marriage is a union between a man and a woman; 2) marriage is freely consented; 3) marriage is monogamous; 4) marriage is contracted according with the forms required by the law; 5) marriage has a civil character; 6) marriage is contracted for a lifetime; 7) marriage is founded on the equality of rights bwtween the two spouses; 8) marriage is contracted for the purpose of establishing a family

I. 2. 1. Engagement

An engagement is an agreement to marry between a man and a woman usually made in the family, that also refers to the time between proposal and marriage. During this period, a couple is said to be affianced, engaged to be married, or simply engaged.

In both countries, engagements are mainly for cultural reasons and have limited

status. However, engagements can be used, for example, in immigration law as evidence of intention to marry ( in the United States, the K1 Visa allows a fiancé(e) of a US citizen to reside in the United States for up to ninety (90) days before marriage). Engagement is not a legal requiring for marriage, so it can not produce juridical effects concerning marriage. Engagements have no predetermined length, and may range from days to years. In contemporary Western culture, it is not uncommon for couples to spend a considerable period of engagement, often cohabitating, possibly without setting a date for their marriage. However, long-distance engagements also exist, often signifying primarily a general desire for eventual marriage, rather than a period of preparation for marriage. Customs surrounding engagement vary greatly, and may include a formal or informal announcement to friends, family, and community, or a celebratory party or gathering.

Engagement Rings

An engagement ring is worn on the fourth finger of the left hand. This tradition is thought to be from the Romans, who believed this finger to be the beginning of the vena amoris ("vein of love"), the vein that leads to the heart. Romantic rings from the time of the Roman Empire and from as far back as 4 AD often resemble the Celtic Claddagh symbol (two hands clasping a heart) and so it is thought that this was used as some symbol of love and commitment between a man and a woman. Some others suggest that the rings could be symbolically linked to slave shackles, and thus symbolize the future bondage of husband and wife. However, much speculation about the origins of the engagement ring exists.

Engagement Parties

Occasionally the engaged couple will have an engagement party. Traditionally the party is hosted by the fiancée's parents. Usually it is a relatively informal affair and only hors d'oeuvres and drinks will be served. Traditionally, a speech is made by the couple, one or more of their parents, or both.Guests are not expected to bring gifts, but some choose to do so. The traditional gift in England is is a teapot, but more contemporary gifts include money, champagne or high-quality wine, gift vouchers, household utensils, or flowers.

Generally, in ancient legislations, for example in Romanian law Calimach, Caragea and Donici codes, engagement was seen as a contract that forced the two parts to the contraction of marriage that could not have been broken under no circumstances, as an exception only in those cases where the law made provision of it. In modern times, in UK, as well as in Romania one of the parties can decide to end an engagement as an agreement to marry, this cannot be legally enforced. The legislations had different attitudes regarding engagements, from its qualification as a contract to the total lack of legal judicial regulation.

If an engagement is broken, a woman can keep the engagement ring unless, at the time she was given it, the man specifically said that it should be returned if the engagement were broken. Any other property belonging to the couple should be divided between them in the same way as property would be divided if the couple divorced.

As a difference between the two countries, in UK, if the couple cannot agree about entitlement to property, either person can apply to a court to decide the issue, provided this is done within three years of the end of the engagement.

In Romania, if one of the two parties brokes the engagement in an unjustified way, on the strength of art. 988 from the Civil Code is forced to repare the moral and material damages produced to the innocent part. The more responsible is the part that using different plots and promises to seduce the other part, making it to lose her/his reputation and honor in society.

I. 2. 2. Conditions for a marriage to be valid

In the system of law of the two countries, UK as well as in Romania, for a

marriage to be valid certain conditions must be carried out. These conditions are classified as follows:

I. 2. 2. 1. Conditions of content: