The evolution of the matrimonial regime in Romania
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DARIESCU, Nadia Cerasela. The evolution of the matrimonial regime in Romania. In: International Conference of Young Researchers . Ediția 6, 6-7 noiembrie 2008, Chişinău. Chişinău: Tipogr. Simbol-NP SRL, 2008, p. 170. ISBN 978-9975-62-196-0.
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International Conference of Young Researchers
Ediția 6, 2008
Conferința "International Conference of Young Researchers "
Chişinău, Moldova, 6-7 noiembrie 2008

The evolution of the matrimonial regime in Romania


Pag. 170-170

Dariescu Nadia Cerasela
 
”Petre Andrei” University
 
Disponibil în IBN: 26 mai 2021


Rezumat

In the Romanian Principalities of Moldova and Walachia, both the customary and written law provided the conventional matrimonial regime. In 1865, the Romanian Civil Code was enforced in Walachia and Moldavia (united since 1859 in a new state, denominated since 1862, as Romania). This code was inspired after the French Civil Code of 1804. According to the Romanian Civil Code, the husband was the chief of the domestic partnership. The spouses were allowed to choose, by an antenuptial contract, one of the following matrimonial regimes: the separation of property, the community of property or the dowry. If the spouses didn’t conclude an antenuptial contract, their matrimonial regime was supposed to be the separation of property. After the defeat of Romania in the World War 2, the political power was taken in just three years (August 1944-December 1947), by Communists, backed up by the Soviets. The Family Code of 1954 the Romanian spouses have a unique and mandatory matrimonial regime: the community of property. On the background of the changes that took place in Romanian society after 1990, in 2004 the Chamber of Deputies passed the Project of the New Civil Code (still in work at the Senate), comprising dispositions referring to the legal relationships of family law. The legislative novelty proposed by the Project of the New Romanian Civil Code, which reforms the present regulation of patrimonial relationship between spouses in Romania, consists in the future spouses' possibility of choosing from among several matrimonial regimes. The introduction of matrimonial contracts into the Romanian Family Law might represent a progress compared to present regulation, making Romanian legislation more flexible and liberal, transferring the responsibility of regulating patrimonial relationships within the family from the level of the central legislator to that of the spouses, who best know their needs and the ways of satisfying them.

Cuvinte-cheie
conventional matrimonial regime, matrimonial contracts, legal relationships of family law