Primary Qualification of Matrimonial Regime Notion (English version)

By 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.