REGIMUL SEPARAȚIEI DE BUNURI ÎN SISTEMUL DE DREPT ROMÂNESC
THE SEPARATE PROPERTY REGIME IN THE ROMANIAN LAW SYSTEM

Author(s): Alexia Lois Balaș
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Editura Universităţii Vasile Goldiş
Keywords: matrimonial property regime; co-ownership; liabilities; liquidation
Summary/Abstract: The present article addresses a highly relevant topic by theoretically analyzing, with valuable references, the regime of the separation of assets in marriage, highlighting the legal and patrimonial implications. It discusses aspects related to exclusive ownership, personal debts, and methods of dissolving this matrimonial regime. The matrimonial regime consists of a set of legal norms that regulate the patrimonial relationships between spouses and their relations with third parties during the course of marital life, based on the marriage itself. The separation of assets regime is a conventional one, where each spouse retains exclusive ownership of the assets acquired before and during the marriage. Although it provides greater patrimonial independence and protection in the face of financial risks, this regime can disadvantage the spouse with more limited financial resources, often being perceived as a regime of distrust. The separation of assets regime ensures each spouse's patrimonial independence, meaning that assets acquired before and during the respective marriage remain the exclusive property of the respective partner. In the event of liquidation, each spouse retains their own assets, and a participation claim may be established to balance patrimonial differences, based on the net assets acquired. Additionally, each spouse’s debts are personal, except for those related to common marital expenses and child-rearing.

• Details
• Contents