Consideraţii referitoare la căsătoria putativă în reglementarea Codului civil român

dr. TEODOR BODOAŞCĂ*

* e-mail: bodoasca_teodor@yahoo.com

Prof. univ. - Facultatea de Drept, Universitatea "Dimitrie Cantemir", Târgu-Mureş

ABSTRACT

The study is devoted to the analysis of the provisions of Article 304 of the Civil Code referring to the "putative marriage", a legal institution meant to protect the good faith upon the conclusion of the null or annulled marriage.

Unlike other authors, but in agreement with the provisions of Article 304 (1) of the Civil Code, we have also analyzed, together with the condition that at least one of the future spouses act in good faith, the requirement of existence, on the date of conclusion of marriage, of a factual situation which causes the nullity or the annulment thereof.

Similarly, because the analysis of the effects of the putative marriage does not present difficulties of interpretation in case both future spouses have acted in good faith upon the conclusion...