Abstract

The paper aims at analysing the institution of matrimonial engagement both in the Old Romanian Law and in the new Civil Code (Adopted 1 October, 2011)- that came into force by law no. 287 of July 17th, 2009 on the Civil Code republished through Law no. 71/2011, the new Civil Code. The 2^nd Book of the new Civil Code, entitled “On Family” dedicates its 2^nd title to marriage, and in Chapter I, art. 266-270, it deals with the institution of matrimonial engagement. The paper will show how the institution of matrimonial engagement is defined, the basic conditions of content and form needed to perform the matrimonial engagement, and we shall make proposals of lex ferenda should we consider that the regulations in the field are defective.  

Key words: Engagement, performance of engagement, content conditions for the performance of the engagement, form conditions for the performance of the engagement.