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Theoretical and practical aspects regarding the matrimonial convention between spouses

Veronica Stoica () and Gabriela Dumitrache ()
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Veronica Stoica: the Police Academy “Alexandru Ioan Cuza”, Bucharest, Romania
Gabriela Dumitrache: Public notary, Bucharest Chamber of Public Notaries, Romania

Juridical Tribune (Tribuna Juridica), 2017, vol. 7, issue 2, 177-191

Abstract: By way of the present study, the authors have proposed to analyze the matrimonial convention between spouses, both from the perspective of theoretical considerations, as well as from the point of view of the notary practice. The writing pursues to display the organizational possibilities of the pecuniary aspects of marriage in the current economic context, grafted by the variety of marital situations. The study identifies the elements which can influence spouses’ preference towards a certain matrimonial regime, and highlights the role of the public notary in the arrangement of the chosen matrimonial regime. The piece of work emphasizes the particularities of national law in the matter of matrimonial convention, in the light of the pithy French influence, and presents the advanced solutions in the French doctrine that can superpose the theoretical disputes born in the Romanian doctrine. The authors have recourse to use the systemic method through which it was intended to analyze the institution of the matrimonial convention by reference to practical solutions (empirical observations) adopted by the public notary at the instrumentation of a matrimonial convention. Our concise presentation may constitute a starting point for the future spouses/spouses looking forward to adopt a matrimonial technique, transposed into the pattern of matrimonial convention, to reflect as faithfully as possible the patrimonial relations between spouses, and also between them and third parties.

Keywords: spouses; the choice of matrimonial regime; the authentication of the matrimonial convention; the precipice clause. (search for similar items in EconPapers)
JEL-codes: K36 (search for similar items in EconPapers)
Date: 2017
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Handle: RePEc:asr:journl:v:7:y:2017:i:2:p:177-191