The principle of non-retroactivity of the law in the Romanian civil code
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Date
2020
Authors
Journal Title
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1689-8052
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2451-0807
Volume Title
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Publisher
Oficyna Wydawnicza AFM
Abstract
The principle of non-retroactivity of the civil law has its fundament in ensuring the security
of the civil circuit and in its compliance with the rights and legitimate interests of
the subjects of law. After 1991, the Romanian legislator has chosen to constitutionalize
the non-retroactivity of the law, stating a single exception, namely that of the criminal
or administrative law more favourable. Therefore, the principle has acquired a mandatory
feature, both for the legislator, for the law enforcement organs, as well as for other
participants in the judicial circuit. In its turn, the Romanian Civil Code of 2011, by
preserving the tradition of the Civil Code of 1864, expressly states the non-retroactivity
of the civil law. Th us, the non-retroactivity is confi gured as a guarantee of the stability
of the state of law, of the constitutionality, an essential guarantee of the constitutional
rights and, especially, of the personal freedoms and safety.
Description
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Keywords
Citation
Studia Prawnicze. Rozprawy i materiały 2020, nr 1, s. 61-70.