Gestionarea patrimoniului familial în situaţii de criză - componentă a regimului primar
Family property management in crisis situation – a primary matrimonial regime component
Author(s): Oana Răvaş, Ramona BădescuSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: term contract; matrimonial property; primary matrimonial regime; judicial powers.
Summary/Abstract: Primary matrimonial regime represent all the legal rules which are essential, basic, mandatory applicable to spouses who have entered a valid marriage, regardless of the matrimonial regime chosen, whether one community or separation of property, the scheme aimed at providing primary uniformity of application of basic rules all married with the sole objective of protecting the family, the purpose of marriage, against abusive tendencies of a spouse covered property relationships involving spouses effects and children's lives, the legislature wanted to provide them and clear their protection. The purpose of the primary system is to provide solutions to overcome the crisis, being held two categories of mechanisms aiming dosing powers spouses either to extend the powers of one of them, either by limiting the powers of the other. An important role in these moments of the court, which is called to order necessary correctives, thereby adjusting until it returns to normal property relations between spouses. Judicial expansion of powers of a spouse occurs in certain circumstances, in the interest of the family, a spouse is entitled to justice, exceptionally, to exercise the rights it has other suitable matrimonial husband.
Journal: Acta Universitatis Lucian Blaga. Iurisprudentia
- Issue Year: 2013
- Issue No: 02
- Page Range: 171-179
- Page Count: 9
- Language: Romanian
- Content File-PDF