Lichidarea regimului matrimonial. Incidenţa simulaţiei. Practică notarială
Liquidation of the matrimonial regime. Applicability of simulation. Notarial practice

Summary/Abstract: The spouses or their heirs are frequently interested in clarifying their property relations by way of agreements, prior or concomitant with the termination of the matrimonial regime. Such agreements may occur at any time between the spouses or their heirs and are intended to prevent the uncertainties arising in judicial partitions. They take place especially at the liquidation of the matrimonial regime. This is because since the time of the Family Code, the context of the matrimonial regime has required to take into account the agreements regarding the contribution of the spouses, their personal and common property, as well as any reciprocal claims arising from their property relations. In the context of such agreements, the dilemma that sometimes arises is whether or not the statements given by the parties are true because, in the latter case, it is necessary to ascertain the effects of the lie. The text below analyzes the incidence of the simulation in the exemplified situations and verifies in particular if the respective agreements reflect a simulation of the matrimonial convention, regulated in the provisions of art. 331 of the Romanian Civil Code. A reasoned conclusion in this context also involves exploring the nature of the act through which the matrimonial regime is liquidated in Romanian law. Indeed, any matrimonial agreement, whether simulated or unsimulated, is concluded in anticipation of the conditions under which the liquidation of the matrimonial regime will take place, upon its termination or modification.

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