Participarea la achizitii – un regim matrimonial complicat si marginal
The community of accrued gains – a complicated and marginal matrimonial property regime

Summary/Abstract: The community of accrued gains is a mixed matrimonial property regime which tries to combine the advantages of community and separation of property. The community of accrued gains is based on a separation of property during marriage. Upon dissolution of the matrimonial property regime the accrued gains of the spouses shall be equalized. If the accrued gains of one spouse exceed those of the other, this spouse is entitled to half of the surplus as equalization claim. The community of accrued gains is regulated either as a default regime (the German legal system) or as an alternative matrimonial property regime (the French legal system). Unfortunately, in the New Romanian Civil Code the community of accrued gains is not regulated as an optional matrimonial property regime.

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