PRIMARY REGIME AS REGULATED BY THE NEW ROMANIAN CIVIL CODE

Abstract

The regulation of patrimonial relations between spouses shall find a modern approach in the new Civil Code1, according to the legislation of the European countries, which shall provide any family the possibility to choose its matrimonial regime applicable to the concrete situation and interests.Moreover, in order to protect the interest of the family and its life environment, the new Civil Code establishes a set of general provisions, applicable to any family, irrespective of the matrimonial regime chosen by the spouses to regulate their patrimonial relations. Even though the legal text summons those norms under the title of „Common provisions”2, the doctrine assumed the name most used in the law systems having similar provisions, namely the „primary regime”.Among the objectives of this work it is also the analysis of provisions setting up the primary regime applicable to spouses in the new Romanian Civil Code, and also its implications on the protection of the family life from a patrimonial perspective.

Keywords

• primary regime
• imperative rules
• family house
• marriage expenses
• spouses