ANOTHER MEANING OF THE NOTION OF HOME - THE FAMILY HOME, AN ESSENTIAL ELEMENT OF THE IMPERATIVE PRIMARY REGIME
ANOTHER MEANING OF THE NOTION OF HOME - THE FAMILY HOME, AN ESSENTIAL ELEMENT OF THE IMPERATIVE PRIMARY REGIME

Summary/Abstract: Inspired by the French regulation, the Romanian Civil Code has created forthe first time a very important legal regime for the family home and for the goodsfurnishing and decorating it.For the living environment is vital for the normality and balance of family life,the provisions on family dwelling come to protect the spouses and their children.An element integrated by the legislator in the primary regime (imperativenorms governing the patrimonial relations between spouses and between them and thirdparties, irrespective of the matrimonial regime), the special protection of the familydwelling aims at ensuring a balance, a real equality of spouses by avoiding abuses ofone of them that could lead to destabilization of the family.The paper deals with the regime of legal acts concerning the family home, thenature of these acts, the duration and conditions of protection, the rights of the spouseson the rented dwelling, the limitation of these rights, as well as the comparativetheoretical and practical elements of France or Quebec.

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