CONSIDERATIONS REGARDING THE LEGISLATION OF SOME ASPECTS REGARDING MARRIAGE WITH IMPACT ON THE FAMILY PATRIMONY IN THE NEW CIVIL CODE AND THE NEW CODE OF CIVIL PROCEDURE
CONSIDERATIONS REGARDING THE LEGISLATION OF SOME ASPECTS REGARDING MARRIAGE WITH IMPACT ON THE FAMILY PATRIMONY IN THE NEW CIVIL CODE AND THE NEW CODE OF CIVIL PROCEDURE

Summary/Abstract: Marriage defined in the Civil Code is the freely consented union between a man and a woman, concluded under the law (art. 259 para. 1 NCC). The conclusion of the marriage, respecting the substantive and formal conditions provided by law, produces a series of effects, in different plans: personal rights and duties or mutual patrimonial between spouses, respectively rights and obligations in relation to minor children resulting from marriage or adopted. The new Civil Code also regulates the stage prior to the marriage, regarding the engagement, its valid conclusion or its rupture attracting a series of legal consequences, including in patrimonial plan. At the same time, the dissolution of the marriage through divorce or its annulment or declaration as null attracts, within the limits of the law, a series of patrimonial or non patrimonial consequences. Thus, persons involved in an engagement or marriage relationship are recognized in the New Civil Code and the New Code of Civil Procedure, among others, several possible legal actions and specific correlative defenses, with direct or indirect impact in terms of family or pre family patrimony (in case of engagement). Consequently, the present approach aims to analyze, without exhaustive claims, in a pragmatic manner, of substantive law and procedural law, some of these situations regulated by law, in the hope that such an approach can be useful to both practitioners and law theorists.

• Details
• Contents