CONSENSUAL UNION – THE DILEMMA OF A LEGALIZATION. A SOCIO-LEGAL APPROACH
The issue of consensual unions in Romania has been little studied and conceptual fluctuations have often led to contradictory conclusions regarding the way of manifesting of couples who refuse or delay marriage. The studies carried out in the field are very few, and they are materialized in several theoretical sub-chapters of general character that are presented tangentially in books that develop topics regarding conjugality. Most of the texts written about the consensual union make a comparative approach, opposing the marriage to the new forms of manifestation of the conjugal life, not being the consequence of sociological or psychological studies in the field. From a legal perspective, the problem of the consensual union has been assigned a greater importance, given the provisions of the Civil Code starting in 2011 when the engagement from the legal perspective was recognized for the first time, as well as the previous legal controversies regarding its legal legitimacy. (art. 266, paragraphs 1 and 5).
The study aims to comparatively analyze the European laws regarding the consensual union with the Romanian legislative proposals in this regard. It also makes a comparative analysis of marital functionality to identify common elements, but also those that mark the differences between the states that have legalized the consensual union and Romania, with a greater focus on the French space, due to the consistent legislative influences on the family in the Romanian Civil Code.
Keywords: consensual union, legislation, homo-parenthood, conjugality, marriage..