EIRP Proceedings, Vol 6 (2011)

Abstract

The emergence of new Civil Code can only be the combined result of several factors, among them: the political will, legislative development and jurisprudence stability. It is wanted that this legal monument would reflect the most viable legislative solution, the ideas of the most inspired doctrinaires and the most sustainable jurisprudential decisions, with comparative law elements. Not even the new Civil Code of Romania avoids these expectations. In our material we have proposed under the current legislation, with historical inserts, jurisprudence solutions over the recent years, of the comparative law, submitting constructive criticism on the institution of adoption, with references to the legal language, used legislative technique and, where appropriate, making some suggestions of lege ferenda. At the same time we answer to the question of the harmonization of the Civil Code with those of the European and International Convention in adoption matters.