Poziţia convenţiei matrimoniale între onerozitate şi gratuitate
The position of the matrimonial convention between onerosity and gratuity

Summary/Abstract: The present study aims to draw a firm conclusion in regards to the position of the matrimonial convention within the generic division of onerous and gratuitous civil acts, thus overcoming the doctrinal hesitations on the matter. Although the subject seems purely theoretical, it is not without practical consequences. The study highlights in the first part these practical implications, emphasizing the legal regime of the revocatory action which depends on the nature of the contested contract and, at the same time, proposing the extension of the domain of this action to the hypothesis of the matrimonial convention concluded between the future spouses. After an analysis of the principal criteria proposed by the specialized literature in what regards the classification of civil acts in onerous and gratuitous, the author concludes that only a mixed criterion, which takes into consideration both the object of an act and its cause, can rigorously identify the nature of a civil act. By applying the mixed criterion to the particular juridical structure of the matrimonial convention, the author proves its onerous nature, taking into account the main variations on the theme of secondary matrimonial regimes.

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