The institution of the civil partnership

• Author: Petru Tarchila
• Position: Faculty of Humanities and Social Sciences
• Pages: 27-32

AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs

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

No. 1 (2017), pp. 27-32

27

THE INSTITUTION OF THE CIVIL PARTNERSHIP

P. TĂRCHILĂ

Petru Tărchilă

Faculty of Humanities and Social Sciences

“Aurel Vlaicu” University of Arad, Arad, Romania

*Correspondence: Petru Tărchilă, “Aurel Vlaicu” University of Arad, Arad, Romania

E-mail: ijjs@yahoo.com

ABSTRACT:

Currently, within the territory of 21-member states of the European Union, live couples in

civil partnership, couples which form families outside the judicial institution of marriage. In

Romania as well, around 4% of couples live in a type of civil partnership popularly named

“concubinage” and, from their perspective, they form a family, they have children who are

recognized by both parents and the patrimonial goods earned throughout their cohabitation

represent common property, in a condominium. Although the initiative of the “civil

partnership” has been repeatedly proposed, the Romanian Parliament rejected the idea of its

judicial regulation, and recently, perhaps due to the legislative harmonization of this aspect

with EU law, the Romanian Senate will debate a project of normative act in this domain. The

legislative initiative would approve the unit of will of two people who willingly decide to

cohabitate, regardless of whether the couples are made up of heterosexual couples or couples

made up of people of the same sex.

KEYWORDS: JUDICIAL INSTITUTION, CIVIL PARTNERSHIP, NORMATIVE ACT,

PUBLIC RIGHT, PRIVATE RIGHT, JUDICIAL RELATION, JUDICIAL NORM

1. THE EVOLUTION OF THE INSTITUTION OF CIVIL PARTNERSHIP

1.1. The institution of civil partnership

The senators will debate publicly an initiative which regulates the civil partnership in

our country, a contract between two people who decide to cohabitate although they are

heterosexual people or couples made up of people of the same sex. The legislative initiative is

based on the argument of the recognition of these families outside the sphere of marriage, a

recognition already made by 21-member states of the European Union. The civil partnership,

known popularly as concubinage, is situated, from the perspective of its previsions in the

field of civil law. The senators say that around 4% of the population lives in such an

arrangement according to recent surveys, so it is only normal that these couples should

receive rights like any other families. According to the legislative project, the civil

partnership is signed by two partners of common agreement, who are of or over the age of 18,

in the presence of a public notary from the circumscription of the Court of Apel in the area

where at least one of the couple’s members lives. If the two people decide to cohabitate in a

civil partnership somewhere abroad, the agreement will be signed at the embassy or at the

consulate of the respective state. The registrars will register all such contracts in a Register of

Evidence of Civil Partnerships. In a period of 3 days after handing in the papers, the registrar

will display the personal details of the two partners so that any person who may have

anything against the signing of this agreement may contest it.

1.2. The stipulations of the legislative project of the civil partnership

Art. 5

b) at least one of the partners must be a Romanian citizen, or a foreign citizen or apatheid

living in Romania