Social and legal impact of matrimonial property regimes. Benchmarks regarding the enforceability of regimes and protection of third parties Cover Image
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Rezonanţa socială şi juridică a regimurilor matrimoniale. Repere privind opozabilitatea regimurilor şi ocrotirea terţilor
Social and legal impact of matrimonial property regimes. Benchmarks regarding the enforceability of regimes and protection of third parties

Author(s): Cristina Nicolescu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: matrimonial regime; publicity of matrimonial conventions; third parties; good faith; unenforceability; actual knowledge; law applicable to matrimonial regime;

Summary/Abstract: The applicable concrete matrimonial regime shall not be indifferent for third parties, as it imposes the legal nature of the spouses’ assets, the powers which each spouse has over his or her own or common property, the validity of the concluded acts, providing, at the same time, any mechanisms to protect third parties.This study aims at establishing certain benchmarks regarding the notion of “third parties” in the matter of matrimonial regimes and outlining, in a synthetic and eloquent manner, the main legal instruments having the ability to provide enforceability of the matrimonial regime and the protection of any third parties in domestic law and in the case of relationships containing an alienage element.

  • Issue Year: 2020
  • Issue No: 01
  • Page Range: 118-138
  • Page Count: 21
  • Language: Romanian