The goods and duties of spouses, in the light of Law No. 31/1990, republished, concerning commercial partnerships

Brindusa Lantos
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Brindusa Lantos: Mures Bar Association

Curentul Juridic, The Juridical Current, Le Courant Juridique, 2004, vol. 16-17, 150-156

Abstract: The marriage settlement represents the judicial system of the spouses’ estates, that is the totality of the legal provisions that regulate the relations between husband and wife as far as their estates are concerned as well as those which are established between the spouses and the third parties regarding the spouses’ estates. The Romanian legal system does not provide, at least for the moment, the principle of the matrimonial agreements. The community of estates is a legal matrimonial system, from which the spouses may not out through agreements meant to separate their patrimonies, such an agreement being declared invalid by the paragraph 2, art. 30 of the Family Code. Both the common estates and those belonging to each of the spouses may constitute a social contribution for setting up a trade company, as neither the Family Code nor the Law of the trade companies provides any interdiction in this aspect. However, the simultaneous enforcement of the marriage settlement may lead to certain difficulties of interpretation, which are analyzed in this paper.

Keywords: Marriage Settlement; Common Estates; Spouses’ Estates; Commercial Partnerships (search for similar items in EconPapers)
JEL-codes: K22 (search for similar items in EconPapers)
Date: 2004
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