Alegerea separaţiei de bunuri – capcana libertăţii. Soluţii notariale
The choice of separation of property – the trap of freedom. Notarial solutions
Author(s): Dragoș IsacheSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: separation of property; inventory; claims between spouses; liquidation; unjust enrichment;
Summary/Abstract: The paradox is that, once the marriage agreement is signed, the spouses forget about it and lead their lives without asking questions, often forgetting the notarial advice from the moment the agreement is concluded. The spouses are not even aware of the fact that this regime offers them precisely that freedom – non existent in the case of the community of property regime – that they have sought from the beginning: that of asking questions and organizing as they wish each contractual relationship between them even during the regime, through clauses inserted in the marriage contract, but especially through those agreed in legal acts of acquisition or in ancillary agreements. Agreeing on them – easy in legal studies or in professional discussions between notaries – can be delicate in practice. Which future spouses (still) have so much patience and availability for complicated analyses, when, in fact, they only wanted something simple?
Journal: Revista Română de Drept Privat
- Issue Year: 2025
- Issue No: 03
- Page Range: 170-200
- Page Count: 31
- Language: Romanian
- Content File-PDF
