MARRIAGE CONVENTIONS. AN OVERVIEW IN ROMANIAN AND COMPARATIVE LAW

Carmen Oana Mihaila ()
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Carmen Oana Mihaila: Faculty of Law, University of Oradea, Romania

Perspectives of Law and Public Administration, 2021, vol. 10, issue 1, 21-35

Abstract: Responding to current needs related to family, marriage, divorce, divorce settlement, the Civil Code provides the spouses with a new legislative technique, with tradition in community law and not only, known in our legal system until the communist regime declared it immoral, as the marriage convention. The choice of the matrimonial regime that best suits the wish of the spouses to live together, the possibility of changing it during the marriage, the imposition of special publicity formalities of the marriage conventions to protect the third parties, are elements of novelty of special importance that exceed the obvious perhaps normal shortcomings (starting with the lack of a legal definition of the marriage convention, with the possible derogations from the chosen matrimonial regime that can create the possibility of the abusive exercise of the rights of the spouses). Presenting specific elements of this institution in the European, American or Islamic system can create an overview of what pre- and post-marital contracts mean today

Keywords: spouses; marriage convention; matrimonial regime; patrimonial relations; opposability. (search for similar items in EconPapers)
JEL-codes: K11 K12 K36 (search for similar items in EconPapers)
Date: 2021
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Persistent link: https://EconPapers.repec.org/RePEc:sja:journl:v:10:y:2021:i:1:p:21-35

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