Nullity of marriage in the new civil code

• Author: Iuliana Savu
• Position: Juridical and Administrative Sciences Faculty 'Spiru Haret' University, Brasov, Romania
• Pages: 171-175

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

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

No. 2 (2012), pp. 171-175

171

NULLITY OF MARRIAGE IN THE NEW CIVIL CODE

I. Savu

Iuliana Savu

Juridical and Administrative Sciences Faculty

“Spiru Haret” University, Braov, Romania

* Correspondence: Iuliana Savu, “Spiru Haret” University, 7 Turnului St., Braov, Romania

E-mail: savuiulia2008@yahoo.com

Abstract

The topic of today’s conditions of marriage is fascinating and still significant, as well

as the cases of nullity of marriage. Although it is a particularly important topic, it has not

been addressed in the literature independently, which is why we felt it would be an exciting

topic for both professionals and students, and graduates.

Key words: Bilateral legal act, union, consent, marriage age, nullity.

Introduction

The concept of marriage has two meanings: on the one hand, marriage is the legal act

signed, under the conditions and forms prescribed by law, by those who want to marry; on the

other hand, marriage means the permanent legal status or situation of the married ones

1

.

General aspects

The marriage act is a bilateral legal act having a solemn character, in which the future

spouses agree freely and fully equal to undergo the legal status of marriage; it is the legal

basis or the legal source of the state of marriage

2

.

Marriage is a union of man and woman based on the freely expressed consent of those

who marry and regulated by law.

Marriage is monogamous and is done according to law. This has a civil character –

drafting and signing the marriage act and registering marriage in the registry office for

marriage is the exclusive responsibility of the state authority and it is usually to last for life

for setting up a family.

Legal conditions of marriage

The legal conditions of marriage are those express and mandatory requirements under

Family Code

3

and other regulations, whose compliance with are compulsory at the signing of

the marriage act. The legal conditions of marriage are: fundamental conditions, namely those

concerning the content of marriage, and formal requirements, those looking at the necessary

formalities to be fulfilled for having a valid act.

A. Legal fundamental conditions for beginning a marriage:

1. the future spouses’ consent to marry;

1

see: D. Lupulescu, A. M. Lupulescu, Dreptul familiei, C.H. Beck P ublishing House, Bucharest 2006, p.15.

2

A. Pricopi, Cstoria în dreptul român, “Fundaia Ro mânia de Mâine” Publishing House, Bucharest, 1 998,

p. 16.

3

This issue is regulated by the New Civil Code in Book II - About famil y, Title II - Marriage.