Consideraţii privind adaptarea regimului matrimonial în situaţii de criză conjugală
Considerations on the Adaptation of the Matrimonial Regime in situations of conjugal crisis

Summary/Abstract: Following the conclusion of marriage, property relations between spouses are governed either by the rules of the legal community of assets regime, as legal matrimonial regime, or the regime of separation of goods or of conventional community. All these rules, however, have a common denominator, namely the primary imperative regime, containing rules on which spouses may not derogate by concluding a matrimonial convention, regardless of the speciffic matrimonial regime applicable to the marriage. Among these, there are also regulated the matters relating to marital crisis situations that can occur also independently of the will or behavior of spouses, with regard to this effect about enlarging or limiting the powers they have, both in the relations between them, as well as in the relations between spouses and third parties enteringwiththem into legal relations.So, based on each situation, the powers of the speciffic matrimonial regime applicable to the marriage of both spouses, they can be extended or restricted by the guardianship court at the request of either spouse, so that this mechanism will successfully replace, in respect of the spouses, the established institutions of protecting the incapable and, moreover, giving the spouse a new instrument for protecting the family interests.

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