Modificarea regimului matrimonial în reglementarea noului cod civil român. abordare istoricã si comparativã
Change of the matrimonial regime in the regulation of the new romanian civil code. historical and comparative approach

Summary/Abstract: Traditionally, matrimonial regimes are immutable, namely during marriage, spouses do not have the possibility to bring changes to the original matrimonial regime. The rule of immutability has its origin in the French customary law, being subsequently established by the Napoleonic Civil Code of 1804 and taken over by the Romanian law. Taking into consideration that, by its content and effects, the principle had become completely inadequate for the dynamics of modern society, gradually, most countries have abandoned the rule immutability. The new Romanian Civil Code shares the concept of flexibility of matrimonial regimes, providing for the possibility to change them by notary deed, after meeting a one-year period from the celebration of marriage and without any other formality. According to the new Code, during marriage, the matrimonial regime may also be changed in court due to the fact that, in exceptional situations, the court can order passing from community property to the separation of property.

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