THE MATRIMONIAL REGIME OF THE CIVIL UNION  Cover Image

THE MATRIMONIAL REGIME OF THE CIVIL UNION
THE MATRIMONIAL REGIME OF THE CIVIL UNION

Author(s): Codruţa Hageanu
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Lumen, Asociatia Lumen
Keywords: matrimonial regimes; the separation regime; the preciput clause

Summary/Abstract: In regulating the matrimonial regimes, the Romanian Civil Code did not grant complete freedom of choice to spouses. At the time of marriage or thereafter, the spouses can choose between the legal civil union regime, which does not require the conclusion of a civil union, the separation regime with the option of acquisition participation included by the law implementing the Civil Code in Article 360, paragraph 2 and the civil union regime. If the spouses agree to adopt the civil union regime, they are free to establish by matrimonial convention the aspects stipulated by the Civil Code, Art 367 and the matrimonial regime is completed with the legal provisions concerning the legal union regime. A role is played also by the provisions of the primary matrimonial regime concerning the independence of the spouses, property administration, housing, family and marriage expenses.

  • Issue Year: VII/2012
  • Issue No: 3-4
  • Page Range: 91-101
  • Page Count: 11
  • Language: English