Lichidarea regimului matrimonial. Natura juridică. Studiu de caz
Liquidation of the matrimonial regime. Legal nature. Case study

Summary/Abstract: Lately, problems directly related to identifying the legal nature of the act by which spouses, ex spouses or their heirs are agreeing on a liquidation of the matrimonial regime are being raised more and more frequently. Thus, one of the difficulties raised recently is whether the parties can still demonstrate, after signing, that in fact the quotas were not calculated correctly. This on the grounds that at the time they did not know the real contribution made by the spouses to the acquisition of assets and the execution of joint debts. The issue basically concerns the extent to which the act of liquidation can be considered a transaction within the meaning of art. 2.267 2.278 of the Civil Code. Similar difficulties also arose in notarial practice, for instance, in respect of succession proceedings. More precisely, the question of whether the liquidation of the regime is in all cases an act of disposition became relevant when persons without legal capacity or with limited legal capacity are called to intervene. The issue becomes of immediate interest following the reforms that currently allow people with limited capacity, especially minors between 14 and 18 years old, to accept the inheritance themselves, without the consent of the guardianship court. Therefore, the related problems of legal qualification manifest themselves visibly regarding the liquidation of the matrimonial regime, carried out in the succession file. From the same perspective, the question can be raised whether the mandate for the act of liquidation must be special or whether one consented in broad terms, for instance, to carry out the succession procedure, is enough in this respect.

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