Thoughts concerning the formal conditions needed for the contracting of marriage from the point of view of the stipulations in the new Civil Code

Abstract

The paper aims at analyzing the formal conditions of the judicial act of marriage in conformity with the stipulations to be found both in the Family Code and in the new Civil Code- adopted by Law no. 287 of 17th July, 2009. We intend to analyse the formal conditions needed for the contracting of marriage from the point of view of the two stages: a series of preliminary necessary formal procedures are accomplished in the first, preparatory stage: the handing in of the marriage declaration form by the future spouses, the registrar’s fulfilment of the duties imposed both by law with respect to the check of the fulfilment of the validity conditions for marriage and by the provision of the publicity elements needed for the contracting of the marriage, while the second stage refers to the actual contracting of the marriage under the circumstance of a solemn and public ceremony. The conclusive civil register document is drawn up immediately after the completion of the ceremony.