ASPECTS REGARDING THE FAMILY RESIDENCE IN THE EUROPEAN LEGAL CULTURE
ASPECTS REGARDING THE FAMILY RESIDENCE IN THE EUROPEAN LEGAL CULTURE

Summary/Abstract: The protection instituted regarding the family home is strengthened by the provisions of art. 322 para. of the Civil Code, according to which, without the written consent of the other spouse, none of the spouses, even if they are the exclusive owner, can dispose of the rights over the family home, nor can they conclude documents that would affect its use. Likewise, a spouse may not move the goods that furnish or decorate the family home from the residence and may not dispose of them without the written consent of the other spouse. Therefore, during the marriage, the family home and the goods that decorate it are protected not only against any act of unilateral disposition emanating from the other spouse, but also against any initiative of the lessor against any of them. Also, the private status of the family home during the course of the marriage is maintained as such and in case of divorce, the spouses' rights over it varying according to whether they are tenants or owners, respectively according to whether the property is exclusive property or joint property, separate property or co-ownership parts quotas.

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