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Romania

Civil law

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Romania is a civil-law country with a Constitution of 1991 (revised in 2003) and a new Civil Code in force since 2011. The Civil Code merged private and commercial law and replaced the old code of 1864. A Constitutional Court reviews laws.

Updated October 2026. Spotted a mistake? Tell us.

Where the law comes from

  • The Constitution of 1991, revised in 2003, the highest law
  • The Civil Code (2011) and the Civil Procedure, Penal and Penal Procedure Codes, which were also renewed in the early 2010s
  • European Union law, which takes priority in its area
  • Decisions of the Constitutional Court, which are binding on everyone

The main courts

  • The High Court of Cassation and Justice at the top
  • Courts of appeal, tribunals and local courts, with specialised sections for administrative and commercial cases
  • The Constitutional Court, which reviews laws

Becoming a lawyer

A law degree, then an admission exam run through the National Union of Bar Associations, a traineeship of about two years, and a final exam.

What may surprise you

  • The 2011 Civil Code abolished the separate Commercial Code of 1887, combining private and commercial law in one text.
  • Romanian law has long followed the French model, including its administrative-court tradition.
  • Constitutional Court rulings strike laws down for everyone, not only in the case at hand.
  • Major legal codes were all replaced within a few years in the 2010s.

Related systems

How this country is classified

The University of Ottawa’s JuriGlobe database lists Romania as: Civil law. It names the systems in order of importance.

The map colours a country by the first-named system, and shows both civil-law and common-law countries as “mixed”. It is a simplification, and real systems are rarely pure.

Other countries in the same family

Sources

TheLawToKnow Tools’s Legal Families Atlas is an educational overview. It simplifies on purpose, and it is not legal advice. For a real legal question about Romania, consult a lawyer qualified there. Report a mistake.