Modificarea convenţiei matrimoniale versus modificarea regimului matrimonial. Noţiune, condiţii, efecte
The Amendment to the Matrimonial Agreement versus the Change of Matrimonial Regime. Concept, Conditions, Effects

Summary/Abstract: Between the modification of the matrimonial agreement and the modification of the matrimonial regime the equal sign cannot be put, although there is an overlap. In the following we will analyze the two institutions, focusing on some special situations that may arise in practice (modification of the marriage agreement before marriage, modification after the conclusion of marriage, modification of the agreement by a minor, invalidity of the modification agreement), but also on the differences between them, marking the conditions under which each change occurs. Thus, the modification of the matrimonial agreement before the marriage does not have the effect of modifying the matrimonial regime that has not yet been born, the moment when the matrimonial regime will begin to produce legal effects between the spouses being that of the conclusion of the marriage. After the marriage is concluded, the modification of the matrimonial agreement can be done with or without affecting the matrimonial regime since, as we will show, this is a complex legal act, which may include other legal acts between spouses or between spouses and third parties that are not related to the regime. matrimonial. In contrast, the modification of the matrimonial property regime can only be done through a matrimonial agreement, respecting all the substantive conditions, form and publicity provided by the law.

• Details
• Contents