Opinii cu privire la căsătoria dintre un bărbat şi o femeie în jurisprudenţa Curţii Constituţionale a României

Prof. univ. dr. habil Teodor BODOAŞCĂ*

* e-mail: bodoasca_teodor@yahoo.com

ABSTRACT

The study resumes a previously approached topic, including in the pages of the journal Pandectele Române, that relating to the interpretation of art. 48(1) of the Constitution. With Decision no. 580/2016 and no. 539/2018, the Constitutional Court made a restrictive interpretation of the text, in the sense that it only considers marriage between a man and a woman. The interpretation of the Constitutional Court formalizes a doctrinal thesis expressed at the beginning of the 20th century and perpetuated until the adoption of the current Civil Code, given that the regulations in the field did not expressly provide for the requirement that future spouses be of a different biological sex. The study is not a plea for same-sex marriage. On the contrary, it is intended to be a contribution to the awareness...