MATRIMONIAL CONVENTION

The matrimonial regime is ruled by two perspectives, the Roman law and the German one. The Romanian concepts were taken from the French law. The new Romanian Civil Code is characterized by the special attention it pays to the regulation of spouses' patrimonial relationships, ant it therefore ab...

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Main Author: DAN LUPAŞCU
Format: Article
Language:English
Published: Nicolae Titulescu University Publishing House 2013-05-01
Series:Challenges of the Knowledge Society
Subjects:
Online Access:http://cks.univnt.ro/uploads/cks_2013_articles/index.php?dir=1_Juridical_Sciences%2F&download=cks_2013_law_art_036.pdf
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author DAN LUPAŞCU
author_facet DAN LUPAŞCU
author_sort DAN LUPAŞCU
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description The matrimonial regime is ruled by two perspectives, the Roman law and the German one. The Romanian concepts were taken from the French law. The new Romanian Civil Code is characterized by the special attention it pays to the regulation of spouses' patrimonial relationships, ant it therefore abandons the exclusivist conception and enacts several matrimonial regimes, namely: a) the regime of legal community; b) the regime of separation of assets; c) the regime of separation of assets with participation to acquisitions; d) the regime of conventional community. The matrimonial convention represents the legal document by which future spouses, or, as the case may be, current spouses, resorting to the liberty they have been conferred by the legislator, determine their own matrimonial regime or, as the case may be, modify their applicable matrimonial regime.
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spelling doaj.art-ac29b3b3b0104a3aa4f8710c3f7dacb52025-01-02T20:17:31ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962013-05-013-301309MATRIMONIAL CONVENTIONDAN LUPAŞCU0Professor, PhD, Faculty of Law, “Nicolae Titulescu” University; Judge and President of the Bucharest Court of Appeal (dan.lupascu@just.ro).The matrimonial regime is ruled by two perspectives, the Roman law and the German one. The Romanian concepts were taken from the French law. The new Romanian Civil Code is characterized by the special attention it pays to the regulation of spouses' patrimonial relationships, ant it therefore abandons the exclusivist conception and enacts several matrimonial regimes, namely: a) the regime of legal community; b) the regime of separation of assets; c) the regime of separation of assets with participation to acquisitions; d) the regime of conventional community. The matrimonial convention represents the legal document by which future spouses, or, as the case may be, current spouses, resorting to the liberty they have been conferred by the legislator, determine their own matrimonial regime or, as the case may be, modify their applicable matrimonial regime.http://cks.univnt.ro/uploads/cks_2013_articles/index.php?dir=1_Juridical_Sciences%2F&download=cks_2013_law_art_036.pdfmatrimonyprenuptial agreementpreciput clausespousesunder/over aged persons.
spellingShingle DAN LUPAŞCU
MATRIMONIAL CONVENTION
Challenges of the Knowledge Society
matrimony
prenuptial agreement
preciput clause
spouses
under/over aged persons.
title MATRIMONIAL CONVENTION
title_full MATRIMONIAL CONVENTION
title_fullStr MATRIMONIAL CONVENTION
title_full_unstemmed MATRIMONIAL CONVENTION
title_short MATRIMONIAL CONVENTION
title_sort matrimonial convention
topic matrimony
prenuptial agreement
preciput clause
spouses
under/over aged persons.
url http://cks.univnt.ro/uploads/cks_2013_articles/index.php?dir=1_Juridical_Sciences%2F&download=cks_2013_law_art_036.pdf
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