On unity in the age of diversity: The monistic approach of Romanian Civil Code

Rizoiu, Radu (2024) On unity in the age of diversity: The monistic approach of Romanian Civil Code. In: Codification of Civil Law: Assessment, Reforms, Options. Legal Heritage . Central European Academic Publishing, Miskolc–Budapest, pp. 395-437. ISBN 978-615-6474-72-8 ISBN (epub) 978-615-6474-73-5 ISBN (pdf) 978-615-6474-74-2

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Abstract

The Romanian Civil Code, first enacted in 1864, and subject to substantive recodification resulting in the ‘New’ Civil Code of 2009 constitutes the backbone of the Romanian civil law regulatory regime. This chapter documents the process by which this code was adopted and subsequently reformed, from the specific perspective of the monist or dualist modus of regulation. While the monist system proposes regulating legal relationships without regard to the nature of the juridical act, or whether the parties thereto act in a professional capacity, the dualist system differentiates between purely ‘civil’ and business relationships when it comes to regulation. Traditionally, Romanian civil law had a dualist nature. However, during the current recodification in the early 21st century, the monist system was adopted, partially influenced by the Quebecoise model of regulation, with transformative effects.

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