Nulitatea convenţiei matrimoniale. O perspectivă caleidoscopică asupra unei instituţii pluriforme
Nullity of the marriage agreement. A kaleidoscopic perspective on a pluriform institution

Summary/Abstract: Whether it manifests itself in a domestic context or in the sphere of private international law, the nullity of the marriage agreement can sometimes have a devastating effect on the patrimonial relations of the spouses. Retroactively, matrimonial coordinates that the spouses tried to avoid from the beginning are activated. A delicate issue that notaries may face in practice after the entry into force of Law no. 140/2022 concerns the conclusion of a marriage agreement by persons with mental disabilities: evaluating the discernment of these persons can sometimes prove to be a complicated mission, including by relating it to the dynamics of the person’s mental state over time.

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