Open AccessIntegration of Transylvania into Romania from the Perspective of Private Law (1918−1945)
Author(s) -
Emőd Veress
Publication year - 2021
Publication title -
acta universitatis sapientiae. legal studies
Language(s) - English
Resource type - Journals
eISSN - 2286-0940
pISSN - 2285-6293
DOI - 10.47745/ausleg.2020.9.2.07
Subject(s) - legislator , romanian , law , dictatorship , political science , legal history , order (exchange) , unification , world war ii , legislation , politics , economics , philosophy , linguistics , finance , computer science , democracy , programming language
In the following study, we present the legal history of Transylvania following the unification of this territory with Romania at the end of the First World War, and until the installation in Romania of the Soviet-type dictatorship. The heterogeneity of the Romanian legal system resulting from the country’s territorial gains is discussed as well as the various attempts at integrating Transylvanian law into the nascent legal order of Greater Romania. We also present the short interregnum in which Hungarian private law was again applied between 1940 and 1944. The Romanian legislator, facing the imperative necessity of creating a unified national legal order, had the choice of two paths: extend the already outdated laws of the Old Kingdom of Romania to the newly acquired territories or adopt new unitary laws. Both paths were taken depending on the field of law and the historical period concerned, as presented. Finally, the legislator opted for the extension of the laws of the Old Kingdom at the end of the Second World War, even in fields where better-quality norms were enacted during the reign of King Carol II but were never implemented.