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CNAA / Theses / 2008 / July /

The Modernization of Romanian Law Institutions from the End of XVIII century to the First Romanian Constitution (1866)

Author: Panduru Petru
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: Andrei Smochină
doctor habilitat, professor, Institute of History of the ASM
Scientific council:


The thesis was presented on the 25 July, 2008
Approved by NCAA on the 18 September, 2008


Adobe PDF document0.28 Mb / in romanian


modernization, liberalization, reform, reorganization, independence, the Ottoman-Phanariote regime, Phanariote ruling, foreign ruling, source of law, usage, law, legal act, law of the land, common council, organic directive, hospodar’s divan, code, man of law, codification, legislator, evolution of law, law of property, truth, legal state, system of law, branch of law, legal regulation, legal norm, juridical techniques, legality, legal statute of a person, autonomy, assembly, estate assembly, parliament, constitutional monarchy, separation of powers, national unity, unification.


The main goal of the research included in this dissertation is the investigation of the modernization phenomenon in the sphere of the institutions of Romanian law from the end of XVII century to the first Romanian Constitution (1866), from the perspective of the edification of a modern state – Romania.

The finalization proposed at the end of theoretical research concerns formation of a unified concept of premises of Romanian law modernization, as a fundamental concept of the effectuation of modernization of Romanian state and law through the reformation conducted by the ruler Al. I. Cuza. From the chosen point of view, the research and multidimensional analysis of the subject: the establishing of connections between the demands and principles of modernization of Romanian law, included in the programs of the most radical revolutionary moments in the Romanian countries, the revolution of Tudor Vladimirescu in 1821; revolution in 1848 and the Unifying Act of the two principalities, Moldova and Ţara Românească, from 1859, we have tried to sharpen the scale of the Romanian law evolution and modernization from the 1st half of XIX century till the formation of modern law.

Every research in a certain sphere of life is started with a certain way of thinking. So much is the case, using a complex of methods – general as well as special ones, we have modeled a program of research and implied results of the investigation.

The methodological and theoretical fundament of the research is formed by the works of historians and theoreticians of law, local and foreign as well, with a predominating accent on the principal aspects of constitution and development of state and law in the Western Europe, the cradle of civilization in the old continent and the main historical support of the formation of modern systems of law.

The methodological and technical basis, formed by various methods of analysis, marks a complex character of the investigation and, as we consider, facilitates the process of illumination of unknown regions of the phenomena being studied.

The scientific innovation of this dissertation resides in contribution brought by the realization of a complex study, in Romania, about the establishment of the basis of modern Romanian law.

From this point of view, continuing the efforts of legal thinkers, philosophers, sociologists, and going outside of the existing formulations of the concept of modernization of Romanian state and law in the researched period, this work is a first attempt to thoroughly analyze taking in consideration all the projects of reform and those reforms which were realized by progressive forces and political elite to ensure a legal frame for the evolution in all spheres of activity in the transition period from the medieval to modern.