THE MATRIMONIAL REGIME OF THE CIVIL UNION

Codruţa Hageanu ()
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Codruţa Hageanu: Assistant Lecturer, Ph.D., Faculty of Law, the Lucian Blaga University in Sibiu

Jurnalul de Studii Juridice, 2012, vol. 3-4, 91-101

Abstract: In regulating the matrimonial regimes, the Romanian Civil Code did not grant complete freedom of choice to spouses. At the time of marriage or thereafter, the spouses can choose between the legal civil union regime, which does not require the conclusion of a civil union, the separation regime with the option of acquisition participation included by the law implementing the Civil Code in Article 360, paragraph 2 and the civil union regime. If the spouses agree to adopt the civil union regime, they are free to establish by matrimonial convention the aspects stipulated by the Civil Code, Art 367 and the matrimonial regime is completed with the legal provisions concerning the legal union regime. A role is played also by the provisions of the primary matrimonial regime concerning the independence of the spouses, property administration, housing, family and marriage expenses.

Keywords: matrimonial regimes; the separation regime; the preciput clause (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:3-4:y:2012:i::p:91-101

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