Journal of Humanistic and Social Studies (May 2019)
Comparative Insight on the Matrimonial Regimes, in the Romanian Contemporary Law System
Abstract
The regulation of the plurality of matrimonial regimes is considered by a number of law theorists and practitioners as one of the first important innovations implemented with the entry into force of Law 287/2009 on the Civil Code. In order to protect the interests of the family, the Romanian legislator laid down a body of fundamental, imperative rules governing the rights and obligations of the spouses, which do not constitute a separate matrimonial regime, but represent the common law applicable irrespective of the matrimonial regime to be be chosen later. By establishing the plurality of matrimonial regimes, in particular the matrimonial regime of the legal community along with conventional1 matrimonial regimes, the legislator confers to spouses or future spouses the freedom to choose how to exercise the rights and obligations arising from marriage. Along with the entry into force of the Civil Code, the patrimonial freedom of spouses / future spouses,established as cardinal principle, empowered their adherence, either to the regime of separation of goods or to that of the conventional community, on the basis of a matrimonial convention. In the absence the matrimonial convention, by virtue of the law, the spouses will be subject to the legal provisions applicable to the regime of the legal community.
