The Integration of Transylvania into Romania from the Point of View of Private Law (1918–1945)

Authors

  • Emőd Veress "Sapientia" Hungarian University of Transylvania; Mádl Ferenc Institute of Comparative Law

Keywords:

Transylvania, union, legislative unification, normative heterogeneity, agrarian reform, Civil Code

Abstract

The author presents the evolution of Romanian private law in the geographical area of Transylvania, from the end of the First World War until 1945. This period is characterized by the attempts of the Romanian legislator to unify private law and end the normative heterogeneity generated by the union which led to the creation of Greater Romania. The modalities of legislative unification described in the study include the extension of the legislation of the so-called Old Kingdom of Romania to Transylvania (initially rejected as a solution), the creation of new special rules of law with unitary applicability and the recodification of rules governing entire branches of law during the dictatorship of King Carol II. None of these means for unifying the law produced significant results until the end of the interwar period. In international law the situation which resulted from the Second Vienna Award, the norms of private law in Transylvania were  temporarily realigned in order to unify them with the customary law of Hungary, tendencies vehemently opposed by the elites of the legal professions. Finally, legislative unification was achieved by the method previously considered not to be optimal, of extending the legislation of the Old Kingdom over Transylvania after the end of the Second World War. 

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Published

2021-07-04

Issue

Section

Articles

URN