The Monist Conception in the New Civil Code

摘要

In the international law system, the concept of monism is a doctrine theory claiming that the international and internal laws are a single law. In line with this concept, the monist theory was established in the European Union law, as well, the EU requiring its observance by all Member States, because the monism was interpreted as being part of the very nature of the Community and the system of the European Union is functional only in monism, this concept being the only one compatible with the idea of integration. Starting from the fact that the European Union law grants rights and imposes obligations not only to the member states, but also to those resorting to it, to whom certain norms apply directly. Consequently, any person within the Member States is entitled to expect for the national authorities in the entire European Union territory to apply correctly the rights they have as European citizens. Each Member State is responsible for applying within the national legal system the European Union law, consisting in the transposition within the established deadlines, compliance and accurate enforcement. The new Civil Code has radically changed the overall conception over the civil subject, choosing the monist conception for regulating private law so that, in order to observe the monist conception, all regulations concerning persons and family relations have been included in this new normative document.