The incomes from work within the matrimonial regime of the legal community of goods as regulated by the new civil Code Cover Image
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Veniturile din muncă în cadrul regimului matrimonial al comunităţii legale de bunuri în reglementarea noului cod civil
The incomes from work within the matrimonial regime of the legal community of goods as regulated by the new civil Code

Author(s): Aurelia Drăghici, Iulian Maftei, Teodor Bodoașcă
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: new Civil code; matrimonial regime; legal community; spuses’ incomes from work

Summary/Abstract: Article 341 of the new Civil code embodies certain exceptional provisions regarding the spouses’ incomes from work. It is regulated that the incomes from work, the sums of money due as pension within the social security system or other similar, as well as the incomes arising on grounds of an intellectual property right are common goods, no matter when they were obtained, but only if the claim on their collection was due during the community. This normative step is aimed at covering a legislative gap that, during the enforcement of the Family code, has brought about doctrinal controversies. The herein study approaches the necessary conditions for the incomes from work or those assimilated to these, to be considered common goods as well as the categories of incomes subject to the provisions of Article 341 of the new Civil code. The lege ferenda proposals aim to improve the legal provisions that recently entered into fore, so that they become viable in the current socio-economic context that we go through.

  • Issue Year: 2011
  • Issue No: 01
  • Page Range: 13-22
  • Page Count: 10
  • Language: Romanian