General Considerations about Matrimonial Regime under the Provisions of the New Romanian Civil Code (English version)
Nadia Cerasela Anitei ()
Additional contact information
Nadia Cerasela Anitei: Associate Professor Ph.D., Faculty of Law, University of „Petre Andrei” from Iasi
Postmodern Openings, 2012, vol. 8, pages 77-99
The provisions of art. 312 of the Civil Code establish: a legal system, that is the community property regime and two types of conventional regimes: the regime of separation of goods and the regime of conventional community (the latter includes conventional derogation from community property regime). Legal matrimonial regime includes assets acquired by each spouse during marriage, except property required by law, which represents each spouse’s own assets. Community legal regime will apply in all situations in which prospective spouses opt for separation of property regime or the regime of conventional community. Separation of property regime is characterized by the fact that each of the spouses is the exclusive owner of their current assets and of those acquired alone after the dissolution of marriage, for the adoption of this regime the spouses being forced to draw up an inventory of movable property belonging to each one at the contracting of marriage. Conventional community regime is applicable when by matrimonial agreement, it derogates from the provisions on legal community regime, and the matrimonial convention concluded in this case can narrow or broaden the community of goods.
Keywords: property relations between spouses, matrimonial property regime, legal matrimonial regime; separation of property regime, conventional community regime. (search for similar items in EconPapers)
JEL-codes: A23 K36 (search for similar items in EconPapers)
References: Add references at CitEc
Citations Track citations by RSS feed
Downloads: (external link)
This item may be available elsewhere in EconPapers: Search for items with the same title.
Export reference: BibTeX
RIS (EndNote, ProCite, RefMan)
Persistent link: http://EconPapers.repec.org/RePEc:lum:rev3rl:v:8:y:2012:i::p:77-99
Access Statistics for this article
Postmodern Openings is currently edited by January
More articles in Postmodern Openings from Editura Lumen, Department of Economics
Series data maintained by Amariei Mirela ().