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    STUDIA IURISPRUDENTIA - Issue no. 4 / 2020  
         
  Article:   HISTORICAL FUNDAMENTALS AND DEFINITIVE PERMANENCES OF THE ROMANIAN LEGAL CULTURE. NEOLATIN TRADITION, EUROPEAN SYNTHESIS AND OWN FOOTPRINT IN CONSTITUTIONAL-LEGISLATIVE UNIFICATION / FUNDAMENTE ISTORICE ȘI PERMANENȚE DEFINITORII ALE CULTURII JURIDICE ROMÂNEȘTI. TRADIȚIE NEOLATINĂ, SINTEZĂ EUROPEANĂ ȘI AMPRENTĂ PROPRIE ÎN UNIFICAREA CONSTITUȚIONAL-LEGISLATIVĂ.

Authors:  MIRCEA DUȚU.
 
       
         
  Abstract:  
DOI: 10.24193/SUBBiur.65(2020).4.6


Published Online: 2021-04-16

pp. 246-285

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ABSTRACT.
Achieving constitutional unity (expressed by the adoption of the Constitution on March 29, 1923) and legislative unity (in three steps, especially by extending the regulations of the “Old Kingdom: 1928, Bessarabia, 1938 – Bukovina, 1943 – Transylvania) stand as major national acts related to the process of completion the political union of 1918 and consolidating the Romanian national unitary state. They have caused ample debates, facing, in specific terms, beyond conjunctural interests and priorities, there major legal visions and conceptions regarding justice in the Europe of the times, present in the reunified Romania: the neo-Latin, majorly formalist; the Austrian, of “material justice”; and, respectively, the Russian, of a strongly social nature. If regarding the necessity and even the urgency of legislative unification there has been a unanimous standing, the disputes concerned the method of realization, and regional resistances have delayed its effective and full realization. The experiences generated by these contexts – from the four draft projects of a constitutional pact, to laws for partial unification, and successful – the Criminal Code and the Criminal Proceedings Code of 1937 – or failed – the Civil Code, the Civil Proceedings Code and the Commercial Code, adopted in 1939-1940 but their entry into force delayed sine die, the sole imposed solution being eventually the extension of the regulations of the “Old Kingdom” over the unified provinces – bear as well several important scientific and cultural meanings. The have confirm the creation of a Romanian model for juridical development, built upon the Romanic inheritance, the adhesion to the neo-Latin juridical modernity, under its own print, consolidated and diversified by the receptions and synthesis of the juridical inter-war unification. The same unifying context, of European synthesis and national affirmation, gave birth to a Romanian school of law and a national jurisprudence. The traditions the configurated and completed have generated the landmarks of a juridical identity that have endured over time, with the specific nuances, and serve today as indispensable orientation in accepting and expressing the European integration and the generalized globalization, perceived as hybridizing and dialogue, and not as a one-sided obtrusion and deletion of national legal specificities.
Keywords: constitutional unity; legislative unity; Constitution of 1923; organic continuity; codification; juridical development; science of law; legal culture; unitary state; self-determination; Romanian school of law; European integration; globalization.
 
         
     
         
         
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