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CNAA / Theses / 2008 / July /

Legal institutions in the Romanian people formation process

Author: Titu Părăuşanu
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Scientific adviser: Elena Aramă
doctor habilitat, professor, Moldova State University
Scientific council:


The thesis was presented on the 25 July, 2008
Approved by NCAA on the 1 October, 2009


Adobe PDF document0.21 Mb / in romanian


Traks, Geto-Dacs, Daco-Romanians, Latins, pilgrims, Deditics, wax tables, community, joint property, Romanization, christening, ethnogeny, nation, valakh, Romanian, principality, voivode principality, fraternization, oath, good and old people, volokh and vlakhism theory, Roesler theory, continuation, native, Jus Valachium, personal responsibility, joint responsibility, deed, tax on counties or villages


The process of enthogeny of the Romanians took place in the epoch of the village community (271- VIII century) according to the proofs and periodization of the science of the law history, according to which the first period of the history of the Romanian state and law is that of the Dacian state and law (I century B.C. – III century A.D.) with its two stages: the state and the law of the Dacian monarchy (I century B.C. – 106 A.D.) and the state and law in Dacia, the Roman province (106-271 A.D.)

The second period of the history of the Romanian state and law happened in 271 (withdrawal of the Roman administration from Dacia) and in 1859 (Union of the Principates), from which only the first part of this period is under the research and namely: Stage of Monarch of the feudal fragmentation (III century – XIII century). We distinguish at this stage: the epoch of the village community (271 – VIII century); the epoch of appearance of the first Romanian state formations of the beginning feudal type: princedoms, voevodedoms, countries (VIII century- XI century) and the epoch of foundation of the Romanian feudal states by themselves: the Romanian Country, Moldova, Transilvania and Dobrogea (XI century- XIV century). In fact, the epoch of appearance of the first Romanian state formations of the beginning feudal type and the epoch of foundation of the Romanian feudal states by themselves were considered as a single epoch named the early feudalism. (VIII century – XIV century).

The epoch of the village community (271- VIII century) was also called a cradle of formation of the Romanian people with a village community as its form of social organization and a family couple as a its structural unit. The village community, a vehicle of the history of the Romanians, made it possible to pass from the slave society to the feudal society within our country. As for the norms of the Dacian – Romanian law, it is necessary to say that they lost their legal effect becoming more like behavior standards, but they did not lose its legal content, which remained in the Dacian – Roman laws. Therefore, in the legal aspect the village community functioned as a link and continuity factor between the slave society and the feudal society.

Referring to the contribution of the political institutions we should point out that the institution of good and old people, the institution of princes, voevodes, which enabled the social organization of the native population in the village communities, units of communities, princedoms, voevodedoms and led their fight against the nomads. As for the legal institutions, we should point out the institution of oath, fraternity with its variants, fraternity on the cross and estate. The native population had to defend themselves with their own means, from which there was an institution of fraternity, especially where there was no public authority, which would defend them.

We should specify that the fraternity was concluded by meeting some conditions and was accompanied by the assets effects by immediate possession of the brother of the assets, observing the mutual agreements, while the estate fraternity, a variant of fraternity that did not need any conclusion ceremonies and was not accompanied by the asset effects; the social legality followed, it was used by the peasants to defend themselves against the nomands and even against the feudal lords, which tended to seize their lands. Neither the asset fraternity did not need any conclusion ceremonies and had the effects only after the cessation of direct descendents of the landlord, when the feudal lords used the asset fraternity on the peasants, who could not pay their tribute.

From the beginning, Jus Valachium presented an ethnic, national and legal autonomy, which the native population succeeded to preserve while fighting against the nomands, and we discover this autonomy in their institution of justice, in the punishments and tributes, election of the governing authority, etc. it is essential to point out that without the Geto-Dacian romanization, their Christianity generalization in the late IV century and in the early V century and the contribution of the legal institutions we could not speak of the ethnogeny of the Romanians. Without this kernel of the events of the epoch of the village community (271-VIII century) and the Stage of the Monarchy of feudal fragmentation (III century – XIII century), the dark millenium as it was called by the adversaries of the continuity of the Romanian people the Foundation of the Romanian states, the Union of 1859, the Independence of 1877 and the Great Union of 1918 would be impossible. We owe these events only to this event, called the Ethnogeny of the Romanians, a fundamental problem of the History of the Romanians and the Romanian state and law.