A new Civil Code was put into force in Romania the 1st of October 2011. This book represents the concluding volume for the researches conducted in the frame of the project entitled "Evolution of family as a concept and its relevance for... more
A new Civil Code was put into force in Romania the 1st of October 2011. This book represents the concluding volume for the researches conducted in the frame of the project entitled "Evolution of family as a concept and its relevance for the inheritance order - a socio-juridical, religious and philosophical investigation", financed by the Romanian Research Authority. Its objective was the gathering of a portfolio of conclusions upon which we tried to establish the degree of efficiency of a largely transplanted legislation upon the XIXth-XXth centuries conceptions and realities of the Romanian society, as well as the quality of the response prepared by the new civil legislation in the XXIst. The research has an inter- and also an intra-disciplinary approach and through its connection with the recent enactment of the New Civil Code, by seeking to verify whether this acknowledges the Romanian specific reality within the European Union. It analyzes the tradition of the family relations in the Romanian society of the XIXth and beginning of the XXth, by taking into account the historical and sociological factors, as well as the influence exerted by the religion. As a consequence, it measures the effects of a legislation that was massively borrowed on the basis of a program that was politically constructed upon the philosophical beliefs derived from the Illuminism and we will be able to appreciate and explain its grounding. Finally, the research tries to answer some specific questions: what family model is the probable triumphant within the reform projects stemming from the interwar period? how did the case receive law the 1944 reform of the successional situation of the surviving spouse? have the soviet-inspired legislative measures of 1954 reached their declared ideological purpose to ensure an equitable freedom within the family and the achievement of the co-interest of the spouses? have these measures had any influence over the legal successional devolution? Finally, the research seeked for the current meaning of the notion of family in Romania (and elsewhere): its definition, composition, the configuration of the personal rapports within its ambit. The answers that were uncovered led to identifying the patrimonial consequences which may arise. The final purpose was to obtain results which would allow for a critical analysis, undergone in complete understanding of the solutions promoted by the new Romanian Civil Code.
This paper analyzes the legal arguments that have been used toallow the gradual introduction of same-sex marriage and civil unions in some Latin American countries. The author makes a critical account of the contentious cases and... more
This paper analyzes the legal arguments that have been used toallow the gradual introduction of same-sex marriage and civil unions in some Latin American countries. The author makes a critical account of the contentious cases and legislative responses to claims for recognition and protection of human rights of people with a particular sexual orientation. The most representative Latin American countries are analyzed from the point of view of its relevance in comparative terms.
This paper analyzes the legal arguments that have been used toallow the gradual introduction of same-sex marriage and civil unions in some Latin American countries. The author makes a critical account of the contentious cases and... more
This paper analyzes the legal arguments that have been used toallow the gradual introduction of same-sex marriage and civil unions in some Latin American countries. The author makes a critical account of the contentious cases and legislative responses to claims for recognition and protection of human rights of people with a particular sexual orientation. The most representative Latin American countries are analyzed from the point of view of its relevance in comparative terms.
Under Article 48 of the Massachusetts Constitution, there are two ways to amend the state constitution. One way is the initiative amendment, which requires a certain amount of signatures from the citizenry plus more than 25% of the... more
Under Article 48 of the Massachusetts Constitution, there are two ways to amend the state constitution. One way is the initiative amendment, which requires a certain amount of signatures from the citizenry plus more than 25% of the combined legislature sitting as a constitutional convention over two successive legislative sessions. The other way is the legislative amendment, which requires a bill to be approved by more than 50% of the combined legislature sitting as a constitutional convention over two separate legislatures. Either way, the amendment must ultimately be placed on the ballot to be ratified by a majority of the popular vote. As if they were behind Doors Number One, Two, and Three on some exotic state constitutional game show, the various Massachusetts constitutional amendments that have been proposed regarding marriage can be discussed chronologically as Amendments One, Two, and Three, two initiative amendments with a now-dead legislative amendment in between; they are...