The family - a biological, social and juridical reality

AuthorIosif Florin Moldovan
PositionFaculty of Law, 'Vasile Goldis' Western University of Arad, Romania
Pages104-108
AGORA International Journal of Juridical Sciences, www.juridicaljournal.univagora.ro
ISSN 1843-570X, E-ISSN 2067-7677
No. 1 (2014), pp. 104-108
104
THE FAMILY - A BIOLOGICAL, SOCIAL AND JURIDICAL REALITY
I. F. Moldovan
Iosif Florin Moldovan
Faculty of Law, "Vasile Go ldiş" Western University of Arad, Romania
* Corr espondence: Iosif Florin Moldovan, 16 Alecu Russo St., Dej, Cluj County, Romania
E-mail: gerulaflorin@yahoo.com
Abstract
The family is a biological reality entailed by the union bet ween a man and a woman
and by procreation; it is a social reality, given the community of life between the spouses,
between parents and children a nd, generally, between the family members; la st but not least,
it is a legal reality, by way of the legal regulations regarding the family.
In a narrow sense, the notion of the family includes the spouses and their minor
children. In a broader sense, the notion of the family would mean the genealogical tree that
includes the totality of the persons descended from a common author, to whom are added the
spouses of those persons.
A precise and rigorous definition of the notion of family is hindered by many
difficulties, simply because it is an object of research in various and numerous sciences,
such as sociology, psycho logy, la w, medicine, etc., each trying to capture its characteristic
aspects from their particular angles. The motivation? The legislators themselves are not
consistent in establishing a legal definition of the family, providing this notion with an array
of different meanings.
In this paper, we will attempt t o outline and account for these realities of the family
from a legal standpoint, as evinced by various statutory regulations in this field.
Keywords: family, reality, spouses, sciences, children, persons, legislators
Introduction
Comprehensive meanings of the concept of family are to be found mainly in special
laws. Thus, according to Law no. 114/1996,1 as amended by EO No. 40/19772, "the family
(...) means the husband, the wife, the minor and major children and the parents of the spouses
who live and share a household together. “The meaning of the notion is relatively similar in
Law no. 5/1973 (repealed by Law no. 114 /1996), with the difference that insofar as the
spouses' parents are concerned, the legislation requires that they "be maintained" by their
children3.
It is to th is category that Law no. 67/1995 on social welfare4 also belongs: under the
provisions of Art. 2 paragraph 2, the term famil y also refers to an unmarried person who
lives together with his or her child.
2. The members and functions of the family.
1 Published in the Official Gaz ette of Romania, P. I, n o. 254 of 21 October 1996, Art. 17 and r epublished in the
Official Gazette of Romania, P. I, no. 393 of 31.12.1997.
2 Published in the Official Gazette of Romania, P.I, no. 154 of 14.07.1977, Art. 1 point 7.
3 Published in the Official Gazette of Romania, no. 47 of 31.03.1973, Art. 15 para 2.
4 Published in the Official Gazette of Romania, P. I, no. 279 of 29.11.1995, Art. 2.

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