CONSIDERAȚII REFERITOARE LA APLICAREA LEGII NOI ÎN MATERIA DIVORȚULUI ÎN CAUZELE AFLATE PE ROLUL INSTANȚELOR (ÎN PRIMÃ INSTANȚÃ SAU ÎN CALEA DE ATAC) LA DATA INTRÃRII ÎN VIGOARE A ACTUALULUI COD CIVIL (LEGEA NR. 287/2009)

Since the new Romanian Civil Code entered into force (Law no. 287/2009, republished on July 15th 2011) on October 1st 2011, the author examines in which circumstances the new legislation regarding the divorce cases on the docket (in first instance or appeal) might or not apply as at the date of entry into force of the new law (October 1st 2011). The author concludes that in the field of family right, due to the absence of expressly contrary provisions within the Law no. 71/2011 concerning enactment of the new Civil Code, the processes and requests on the docket are governed only by the law in force at the date the action (summons) was advanced. Therefore, the new law cannot be enforced (in absence of an expressly contrary provision) for a case already on remedy (appeal, second appeal).