THEORETICAL AND PRACTICAL ISSUES REGARDING THE MATRIMONIAL REGIMES

Abstract

Following the entry into force of Law No. 287/2009 on the Civil Code, as republished, and of Law No. 71/2011 for the implementation of Law No. 287/2009 on the Civil Code, as further amended, that repealed the Family Code (Law No. 4/1953, as republished and further amended), the spouses may choose another matrimonial regime than the legal community regime, respectively the separation of assets regime and the conventional community regime through a matrimonial agreement. The study examines theoretical issues of the matrimonial regimes that raise some debates in the doctrine. The research also consists in the analysis of some new institutions such as clauses of a matrimonial agreement and the provisions of the primary obligatory regime both from theoretical and practical perspectives. Considering the 5 year period after the entry into force of the legal provisions that regulate the matrimonial regimes, the authors intend to carry out an analysis of the relevant case law of the courts of law in the matter of the pecuniary relationships between spouses.

Keywords

• matrimonial regimes
• legal community matrimonial regime
• conventional community matrimonial regime
• separation of spouses' assets regime
• matrimonial agreement