Primary matrimonial regime as regulated by the current romanian civil code. Marriage expenses

• Author: Miron Gavril Popescu
• Position: Faculty of Humanities and Social Sciences, Social Sciences Field Aurel Vlaicu University of Arad, Arad, Romania
• Pages: 36-42

AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs/index

ISSN 1843-570X, E-ISSN 2067-7677

No. 2 (2015), pp. 36-42

36

PRIMARY MATRIMONIAL REGIME AS REGULATED BY THE CURRENT

ROMANIAN CIVIL CODE. MARRIAGE EXPENSES

M. G. Popescu

Miron Gavril Popescu

Faculty of Humanities and Social Sciences, Social Sciences Field

Aurel Vlaicu University of Arad, Arad, Romania

*Correspondence: Miron Gavril Popescu, Aurel Vlaicu University of Arad, Faculty of

Humanities and Social Sciences, Elena Drăgoi Street, no. 2, post code 310330, University

Complex M (Micălaca, zone III), Arad, Romania

E-mail: miron.popescu@yahoo.com

Abstract:

Renouncing the binding nature of the legal matrimonial regime

1

, upon adoption of the

new Civil Code, the Romanian lawmaker consecrated the patrimonial freedom of the spouses

to decide as they deem appropriate and fit with regard to the property that is the object of

their property relations.

The New Civil Code establishes the principle of the freedom of choice of the

matrimonial regime, the future spouses having the choice to enter, outside the regime of the

legal community of property (the only possible matrimonial regime according to the previous

regulation of the Family Code), into a matrimonial convention, on the basis of which they

shall “join” either the separation of property regime or the conventional community of

property regime.

Regardless of the matrimonial regime chosen, whether legal or conventional, there is a

common core of imperative, non-derogatory rules, which provide a minimal protection of the

property relations between spouses.

The imperative primary regime is enshrined in the Civil Code in force, in Book II, About

Family, Title II – Marriage, Chapter VI – Property Rights and Obligations of Spouses,

Section 1 – Common Provisions, Paragraph 1 – About the General Matrimonial Regime (Art.

312-320), Paragraph 2 – The Family Dwelling (Art.321-324), Paragraph 3 – Marriage

Expenses (Art.325-328).

In this article, the property obligations of the spouses present in the text of the law

under the name of Marriage Expenses (Art. 325-328 Civil Code) are the subject of a legal

review, highlighting a higher degree of concern o n the part of the lawmaker, as compared to

the current one, in drafting the Family Code, in terms of their regulation in relation to the

accelerated dynamics of social relations.

Keywords: primary regime, marriage expenses, income from the profession, right to

compensation, right to dispose, unwritten convention

Introduction

By virtue of the principle of unification of the legal rules governing the relations of

private law, the new Civil Code reintroduces regulations of family law which, traditionally,

are a part of civil law, not a separate branch of law.

1

Under the Family Code, which was abrogated with the entry into force of the current Romanian Civil Code , the

matrimonial regime of the spouses was that of the community of goods, unique, mandatory and immutable. For

development, see Vasilescu, P. R egimuri matrimoniale. Partea generală (Matrimonial Regimes. The General

Part), Rosetti Publishing House, Bucharest, 2003, page 25 8;