Publicitatea legală şi regimurile matrimoniale
Legal publicity and matrimonial property regimes

Summary/Abstract: The debate relating to the correlation between the matrimonial property regimes and the legal publicity may only seem strange at first sight, as one of the main functions of a matrimonial property regime is actually the enforceability of the rules which it establishes towards third parties. In this article, by using the historical method, we will try to recognize the significance of the legal publicity rules as regards matrimonial property regimes, with an insight into the familiar space of the Western European private law to which our domestic civil law durably connected by the large legal “transplant” of 1864. The publicity of patrimonial property regimes has a necessary correlation relationship with the marriage publicity, in general, and with the other legal publicity systems, especially with the real estate publicity. On the other hand, the urgent need of a publicity system of the matrimonial property regimes shall only emerge where there is a possibility for spouses to choose among several matrimonial property regimes or at least the possibility of the conventional “arrangement” of the matrimonial regime. In those systems where the matrimonial regime is unique, the only matters in relation to which it could be necessary to fulfil certain publicity formalities, shall be represented by the existence of the marriage itself, as well as the applicability of the matrimonial property regime in relation to certain rights and obligations, and therefore, it would be necessary for the third parties to know whether the person whom they deal with is married or not or whether the rules of the unique matrimonial property regime apply to the rights and obligations in relation to which they contract.

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