Engagement. Past and present

• Author: Iosif Florin Moldovan
• Position: University Lecturer, Faculty of Legal Sciences Western University of Arad - Romania
• Pages: 99-100

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 3 (2013), pp. 99-100

99

ENGAGEMENT. PAST AND PRESENT

I. F. Moldovan

Iosif-Florin Moldovan

University Lecturer, Faculty of Legal Sciences

“Vasile Goldi” Western University of Arad, Arad, Romania

* Correspondence: Iosif Florin Moldovan, 16 Alecu Russo St., Dej, Cluj County, Romania

E-mail: gerulaflorin@yahoo.com

Abstract

An institution of family law that is not currently found in the Family Code, engagement

existed in the Romanian law prior to the current regulations, representing the mutual promise

between two people that they will marry one another.

Regulated under the Article 266 of the new Civil Code, engagement has the same

regulatory framework, this time legal, representing the mutual promise to conclude a

marriage.

Keywords

Engagement, Romanian law, pre-marriage, trial marriage, promissory agreement,

promise of marriage.

Engagement was and is defined as “mutual promise to end the marriage”.

Unregulated in the Family Code, engagement existed in the Romanian law prior to the

current regulations, representing the mutual promise made by two people that they will marry

one another, usually made in a festive atmosphere. Engagement cannot be regarded as a

promissory agreement, because it does not entail the existence of an obligation to enter into

marriage. In other words, the freedom to marry, through its component - the right not to

marry, makes such a legal obligation impossible. From a sociological point of view,

engagement is an event that is as important as the religious marriage ceremony. It expresses

the same covenant, feelings, emotions and may also be celebrated in a holy place of worship.

It is a beautiful, natural thing preceding the definitive union through marriage. In the modern

sense of the term, “marriage promises are reinforced by the prospective spouses’ living

together,” a kind of “pre-marriage” or “trial marriage”. Although, legally, the mere promise of

marriage is sufficient to raise issues pertaining to legal qualification and responsibility, in

practice there is no relevant litigation cause in this matter, which means that any potential

disputes will be placed in the plenum of the patrimonial relations between the common-law

spouses and of establishing paternity outside marriage, if there are any resulting children.

Under the old legal regulations, namely the Calimach, Caragea and Donici Codes,

engagement was a promissory agreement obliging the betrothed to conclude the marriage. At

that time, engagement was compulsory, and it had to be followed by marriage within 2 to 4

years. In certain cases the dissolution of the engagement was allowed; engagement was thus

a legal status prior to marriage. Subsequently, the Civil Code and the Family Code no longer

regulated engagement in an effort to give full consistency to matrimonial freedom.

In the current Romanian legislation, engagement does not produce legal effect, and is

not a legal requirement for marriage. Moreover, any promise of marriage is considered void if

it tends to restrict the individuals’ freedom to marry. Since it is not a contract, the conditions

required thereof under the law do not apply to it.