From the New Civil Code, to a New Doctrine of the Romanian Private Law

At two years since entering into force (at October 1st, 2011) of the new Romanian Civil Code (NRCC) (Law no. 287/2009), the issue of elaborating a doctrine is raised, related to the new datum of positive law in the field. And it is even more needed as this new code is still mainly a loan - from the 1865 Civil Code, other European codes and especially the mixed model of the Canadian State of Quebec Code - lacking a significant creative force. Moreover, adopting the monist conception and extending the field of civil law - both by historic recovery of family and inclusion of commercial law - in the trend of becoming private law and resettling the relations with other branches and fields of law, impose new systematizations and analysis perspectives. In overcoming the historical handicap and crystalizing the new approach, by means of creating a coherence of the thus constituted juridical corpus, creatively adapting of new legal provision to the Romanian social and economic realities, on the background of European Union integration and the inevitable globalization, including law, the theoretical effort of analysis and evaluation will play a major part, alongside jurisprudence.