Challenges of the Knowledge Society (Jun 2023)

ENGAGEMENT - „COMMITMENT TO MARRY″ OR „MARRIAGE COVENANT″?

  • Ciprian Raul ROMIŢAN

Journal volume & issue
Vol. 16, no. 1
pp. 164 – 170

Abstract

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According to the provisions of the Civil Code in force, engagement is the mutual promise to conclude the marriage. As it will emerge at the end of our study, in order to be in the presence of an engagement, the promise to conclude the marriage must be mutual, i.e. bilateral, concordant of both parties, man and woman. In the course of our study we will also make a brief history of the main legal regulations of this institution and also, given that over the ages various opinions have been expressed, we will analyze and find out what is the legal nature of engagement and its legal characters. At the same time, we will find out how to prove that two people, a man and a woman, are engaged and what are the substantive and formal conditions for the conclusion of the engagement, as well as the impediments to the conclusion of the engagement. Finally, we will analyze the effects of breaking off the engagement, the obligation to return the gifts and who is liable for the wrongful breaking of the engagement.

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