SANCTIONS FOR THE MATRIMONIAL AGREEMENT

Nadia Cerasela Anitei ()
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Nadia Cerasela Anitei: „Dunarea de Jos” University of Galati

Jurnalul de Studii Juridice, 2012, vol. 1-2, 115-127

Abstract: The general penalty that occurs in case of trespass of the validity conditions of the matrimonial agreement is nullity. According to art.338 of the new Civil Code "If the matrimonial agreement is void or annulled, the community legal regime shall be applied between spouses, without affecting the rights acquired by third parties in good faith". So, if the matrimonial agreement is void or annulled, the legal community regime shall be applied between spouses, without affecting the rights acquired by third parties in good faith. Sanctions for the matrimonial agreement are: the nullity of matrimonial agreement, the caducity of the matrimonial agreement, concealment of matrimonial agreement and noncompliance with publicity formalities (the inopposability of the matrimonial agreement).

Keywords: matrimonial agreement; between spouses; sanctions for the matrimonial agreement (search for similar items in EconPapers)
JEL-codes: A23 (search for similar items in EconPapers)
Date: 2012
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Persistent link: https://EconPapers.repec.org/RePEc:lum:rev4rl:v:1-2:y:2012:i::p:115-127

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