CONVENȚIA MATRIMONIALĂ ÎN SISTEMUL DE DREPT CONTINENTAL ȘI COMMON LAW
MATRIMONIAL AGREEMENT IN THE CONTINENTAL LEGAL SYSTEM AND COMMON LAW

Summary/Abstract: The matrimonial agreement (regulated by Romania’s New Civil Code, as well) represents an agreement concluded before the celebration or during marriage, which regulates the patrimonial relationships between spouses. In this study, we examined the matrimonial agreement taken as a whole, starting with its appearance and evolution, the reasons behind the establishment and improvement of this institution over time, as well as the review of the main forms the ante-nuptial marriage contract takes today in countries with a different matrimonial history and culture. The first part of the study incorporates the aspects related to the content and structure of the matrimonial agreement by examining the notion, origin, principles, legal natures, conditions (for validity, form, publicity) and effects of this type of agreement. This is an open presentation of the material, accompanied by classifications, interpretations and comparisons between the legal norms regulating the patrimonial relationships between spouses in certain countries that are part of the same legal system or of different legal systems. The last part of the article focuses on the presentation of the current legal system of matrimonial agreements in continental law (France and Romania) and common law (Great Britain and the United States of America). The option for most of the above-mentioned countries is explained by the representativeness and influence of their legislation in shaping the global “matrimonial agreement” concept, while in Romania’s case we tried to reflect the legal and deeply conceptual transformations in the matter of matrimonial agreement of a new European Union state. The systematic combinations between jurisprudence tendencies, doctrinal opinions and legislative texts facilitated the multilateral approach of the proposed subject, in the end also contributing in shaping the author’s conclusions.

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