Would It Be Useful to Regulate Family Property? Brief Examination of a Proposal Emphasising the Reform of the Former Romanian Civil Code

Bob-Bocșan, Mircea-Dan (2026) Would It Be Useful to Regulate Family Property? Brief Examination of a Proposal Emphasising the Reform of the Former Romanian Civil Code. In: Instruments for Preserving the Unity of Family Business and Agricultural Assets: Perspectives of Legal History. Legal Heritage . Central European Academic Publishing, Budapest, Miskolc, pp. 295-304. ISBN 978-615-7027-30-5

Preview

Text Chapter 11.pdf - Published Version Available under License Creative Commons Attribution Non-commercial No Derivatives. Download (1MB) | Preview

Abstract

This expert opinion argues that keeping family farms and businesses intact in Romania is mainly a political, not a legal, issue. It revisits Constantin Hamangiu’s 1931 bill and Alexandru Angelescu’s 1934 study proposing an inalienable, unseizable “family property” and explains why the plan did not pass. The analysis intertwines these efforts in a broader narrative influenced by the 1865 Civil Code’s equal division of inheritances, agrarian reforms, the 1907 peasant revolt, communist collectivisation, and the post-1989 transition. It shows that Angelescu’s practical design – mandatory creation, size tied to family needs, and income-based payouts to co-heirs – was blocked by politics rather than legal doctrine. The Romanian case suggests that durable family assets depend on stable public policy and could benefit from modern, EU-compatible homestead-style protections.

Actions (login required)

View Item