Journal of Humanistic and Social Studies (May 2018)
General Aspects on Matrimonial Regime of Legal Community. Common Assets in Condominium
Abstract
The current Romanian Civil legislation grants to the Matrimonial Regime of the Legal Community the prerogative of common law, applicable to patrimonial relations between spouses, when they do not derogate by concluding a matrimonial convention or opt to choose another matrimonial regime. Although, the common law character of this matrimonial regime is not explicitly expressed by the Civil Code, it is understood not only by its marginal term, but also by the interpretation of the various provisions of law: for example, article 313 (3) states that the failure of publicity formalities means that spouses are considered married under the matrimonial regime of the legal community in relation to third parties in good faith and article 329 provides that the choice of a different matrimonial regime than that of the Legal Community is made by concluding a matrimonial convention . Even though the choice of spouses is optional, the Legal Regime itself is comprised of imperative rules. As long as it was chosen by spouses or prospective spouses, the Matrimonial Regime of the Legal Community has, throughout its survival, imperative character - a fact expressly provided by the Civil Code. The rules governing the asset and the patrimonial liabilities have led some doctrines to qualify it as partial or asymmetric regime.
