General Considerations about Matrimonial Regime under the Provisions of the New Romanian Civil Code (English version)

The provisions of art. 312 of the Civil Code establish: a legal system, that is the community property regime and two types of conventional regimes: the regime of separation of goods and the regime of conventional community (the latter includes conventional derogation from community property regime). Legal matrimonial regime includes assets acquired by each spouse during marriage, except property required by law, which represents each spouse’s own assets. Community legal regime will apply in all situations in which prospective spouses opt for separation of property regime or the regime of conventional community. Separation of property regime is characterized by the fact that each of the spouses is the exclusive owner of their current assets and of those acquired alone after the dissolution of marriage, for the adoption of this regime the spouses being forced to draw up an inventory of movable property belonging to each one at the contracting of marriage. Conventional community regime is applicable when by matrimonial agreement, it derogates from the provisions on legal community regime, and the matrimonial convention concluded in this case can narrow or broaden the community of goods.