3. Considerații privind regimul separației de bunuri
3. Considerations regarding the regime of separation of assets

Summary/Abstract: The regime of the separation of assets is, compared to other matrimonial regimes, the one that provides spouses with the greatest patrimonial independence. Thus, each spouse maintains the right to property over his/her own assets, as recorded on the day of matrimony, as well as those acquired at a later time, either in an onerous, or in a free manner, whilst having the sole obligation to contribute to the tasks pertaining to marriage. The separation of assets is obviously recommended when the profession of one of the spouses entails financial risks, and his/her potential creditors would be unable to stake their claim based on the assets of the other spouse. The inconveniences of this regime are not entirely negligible, though. Its apparent simplicity is somewhat deceptive, as, from a practical point of view, living in common and the existence of children undoubtedly lead to an inherent confusion in terms of assets and an inevitable joint management of everyday life. Hence, in order to avoid confusion between patrimonies, the spouses are required to keep an account of the goods they have acquired and of the debts they have contracted individually. One cannot omit the fact that such a regime may often prove to be unjust in relation to the spouse (generally the woman) who is not engaged in a professional activity, and is instead devoted to family life, but who has had a contribution, even a modest one, to his/her spouse’s success. In case of divorce or widowhood, the latter would find him/herself in an unfavourable situation, compared to the one he/she would have had if he/had been married under the community property regime.

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