CONSIDERATIONS ON REGULATING THE ENGAGEMENT IN THE NEW ROMANIAN CIVIL CODE AND SOME FOREIGN LEGISLATION
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Authors:
• Dan LUPAŞCU, email: danlupascu@csm1909.ro, Afiliation: Faculty of Law, “Nicolae Titulescu” University, Bucharest and member with permanent activity of Romanian Superior Council of Magistracy
• Raluca GÂLEA, Afiliation: Judge, head of Directorate of European Affairs, International Relations and Programmes within the Romanian Superior Council of Magistracy -
Keywords: engagement, the promise to marry, breeching the engagement, accountability, gifts
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Abstract:
The new Civil Code brings back into the Romanian legal landscape a very rare and apparently obsolete institution – the engagement. This article analyses the evolution of engagement, its substantial and formal conditions, the content of this sui generis act and also the sensible issues concerning the judicial effects of the engagement, especially as regards its cessation. Also, elements of comparative law are depicted, highlighting the correlation between the consequences of breeching the engagement and the fault of parties in other law systems