Primary Qualification of Matrimonial Regime Notion (English version)
AbstractBy adopting Law no. 287 of July 17, 2009 on the Civil Code republished by Law no. 71/2011 the new Civil Code is subject to the modern legislations tendencies to create a triple balance in terms of property relations between spouses by means of the matrimonial property regimes established: 1. between spouses: through the appearance of matrimonial agreements, which have led to the adoption of more flexible legal rules which allow spouses a certain freedom to choose the regime of patrimonial relations between them; 2. within the family: to protect the interests of the family, they resorted to mandatory rules providing for limitations and prohibitions (art.321-322 on the family home – a new notion in the Romanian law, art.316 on the acts of disposal seriously threatening family interests); 3. between family and society-third parties: by establishing formal requirements of legal acts, including matrimonial agreements to be concluded by notarial act that must be given to publicity afterwards. Also, considering the fact that Romania is a member state of the European Union and that more and more Romanian people are living abroad or marry foreigners, we consider the harmonization of legislation in order to determine the law applicable to such relationships as a highly important requirement. Given these issues we will devote the present study: to primary qualification of the matrimonial regime notion.
Download InfoIf you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
Bibliographic InfoArticle provided by Editura Lumen, Department of Economics in its journal Revista Romaneasca pentru Educatie Multidimensionala - Romanian Journal for Multidimensional Education.
Volume (Year): 3 (2012)
Issue (Month): (December)
Contact details of provider:
Web page: http://revistaromaneasca.ro/
primary qualification of the matrimonial regime notion; scope of matrimonial property regime notion in Romanian private international law;
Find related papers by JEL classification:
- A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate
- K13 - Law and Economics - - Basic Areas of Law - - - Tort Law and Product Liability; Forensic Economics
You can help add them by filling out this form.
reading list or among the top items on IDEAS.Access and download statisticsgeneral information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Amariei Mirela).
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.