REGIMURILE MATRIMONIALE CONVENȚIONALE REGLEMENTATE DE NOUL COD CIVIL ROMÂN. ABORDARE COMPARATIVĂ
THE CONVENTIONAL MATRIMONIAL REGIMES REGULATED BY THE NEW ROMANIAN CIVIL CODE. COMPARATIVE APPROACH

Summary/Abstract: In the matter of patrimonial relations between spouses, the new Romanian Civil Code, adopted by the Parliament by Law no. 287/2009, marks the return to the traditional principle of freedom of matrimonial conventions and the Romanian legislation in this matter is thus aligned with the modern and flexible regulations of comparative law. The system of community of goods, with certain amendments, remains the common law legal system, but shall have a suppletive nature, and shall apply only in cases in which the spouses have not opted for another matrimonial system by means of matrimonial convention, namely for the system of separation of goods or for the system of conventional community (broader or narrower than the legal one). As regards the extent of the freedom to choose the actual matrimonial system, the Code adopts a restrictive conception and, subject to the new regulation, spouses have no possibility to configure their own matrimonial system, by combining several types of systems or to opt for a matrimonial system of foreign origin. This study is intended to be a radiography as accurate as possible of the normative solutions provided by the new Romanian Civil Code in the matter of conventional matrimonial systems, emphasizing, where applicable, both the positive aspects and the shortcoming of the new legislative solutions. The approach is comparative, taking into consideration that the understanding of the institution of conventional matrimonial systems is not possible by means of a fragmentary image, exclusively limited to the internal provisions in this field, but only by means of an overall view over the normative solutions in various law systems.

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