Consideraţii privind natura juridică a veniturilor din muncă (sau din profesie) ale soţilor potrivit dispoziţiilor noului cod civil
Considerations regarding the legal nature of the spouses’ incomes from work (or profession) according to the new civil Code

Summary/Abstract: The herein study tries to answer the question: “Can the salary, together with the other incomes from work obtained during marriage, be regarded as one of the husbands own good, or on the contrary, it represents a common good?” The controversies regarding the qualification of the income have been generated and fed by the lack of a unitary regulation of the content of the notion “income from work”, but also by the diversity of its characteristics derived from the provisions of the Family code as well as of extrinsic legislation, especially the labor one. The controversy regarding the legal nature of the salary was settled by Article 341 of the new civil Code. From the provisions of this article we conclude that the expression “incomes from work” refers to the sums of money coming from the salary, pension, intellectual property rights, bonuses, fees etc. and that are considered common goods of the spouses. The incomes arising from the profession are regulated by Article 327 of the Civil code and we can notice that these provisions stipulate that despite the fact that the spouses can dispose as they please of the incomes from work, they have to cover the expenses of the marriage. The spouse that participated in the professional activity of the other spouse, has, according to Article 328 of the Civil code, a right to compensation to the extent of the latter’s enrichment if its participation exceeded the limits of the obligation of material support and of contributing to the marriage expenses.

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