Iulian Apostu
Related Authors
Cornelia Rada
"Francisc I. Rainer” Anthropology Institute of the Romanian Academy
Mihaela Gotea
Transylvania University of Brasov
Sorana Saveanu
University of Oradea
Fatjona Kamberi
University of Vlora
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Related Authors
"Francisc I. Rainer” Anthropology Institute of the Romanian Academy
Transylvania University of Brasov
University of Oradea
University of Vlora
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Papers by Iulian Apostu
adapted to be more modern. Under these circumstances, new conjugal mentalities arise in which social
imperatives gradually become less influential, the couple grows increasingly free and independent of the
extended family, and consensual cohabitation tends to become one of the basic prerequisites for the partners to
know each other better, to socialize and create the first elements of marital solidarity while the couple is taking
further steps towards marriage. Often taken for consensual union, cohabitation has been, culturally speaking,
acknowledged as a state which renders two partners’ living together prior to their marriage lawful from a social
point of view (a state of fact questioned by the traditional cultural system which is still nurturing the current
social mentalities, yet more discretely).
From the opposite perspective, the legal system has built up the landmarks for some marital mentalities
with postmodern orientations, Law no. 202/2010 and Law no. 71/2011 setting legal frameworks regulating the
engagement, which create new dissolution rules and a series of patrimonial strategies attempting to put marriage
on more contractual bases. Marriage therefore tends to gradually assimilate the awareness of failure in the same
time as the declaration of eternal love, given that the decision to get married is backed by the strategy of
patrimonial regimes establishing the way assets are to be distributed in case that marriage comes to an end. The
current marital legislation leaves room for the mentalities of postmodern individualism, thus creating a premise
for legalizing consensual unions.
Our study aims at analyzing the Romanian social mentalities, various international experiences related
to the legalization of consensual unions, as well as the Romanian legislation in force and new proposals to make
domestic partnerships lawful, while proving the effects of inconsistency between the values of social and the
legal systems, bearing important consequences on both the social policies and the economic resources.
adapted to be more modern. Under these circumstances, new conjugal mentalities arise in which social
imperatives gradually become less influential, the couple grows increasingly free and independent of the
extended family, and consensual cohabitation tends to become one of the basic prerequisites for the partners to
know each other better, to socialize and create the first elements of marital solidarity while the couple is taking
further steps towards marriage. Often taken for consensual union, cohabitation has been, culturally speaking,
acknowledged as a state which renders two partners’ living together prior to their marriage lawful from a social
point of view (a state of fact questioned by the traditional cultural system which is still nurturing the current
social mentalities, yet more discretely).
From the opposite perspective, the legal system has built up the landmarks for some marital mentalities
with postmodern orientations, Law no. 202/2010 and Law no. 71/2011 setting legal frameworks regulating the
engagement, which create new dissolution rules and a series of patrimonial strategies attempting to put marriage
on more contractual bases. Marriage therefore tends to gradually assimilate the awareness of failure in the same
time as the declaration of eternal love, given that the decision to get married is backed by the strategy of
patrimonial regimes establishing the way assets are to be distributed in case that marriage comes to an end. The
current marital legislation leaves room for the mentalities of postmodern individualism, thus creating a premise
for legalizing consensual unions.
Our study aims at analyzing the Romanian social mentalities, various international experiences related
to the legalization of consensual unions, as well as the Romanian legislation in force and new proposals to make
domestic partnerships lawful, while proving the effects of inconsistency between the values of social and the
legal systems, bearing important consequences on both the social policies and the economic resources.