Property and Non-Property Legal Consequences as a Result of the Termination of the Marriage Cover Image

Правовые последствия прекращения брака имущественного и неимущественного характера
Property and Non-Property Legal Consequences as a Result of the Termination of the Marriage

Author(s): Elena Gheorghita
Subject(s): Civil Law
Published by: Universitatea Liberă Internațională din Moldova
Keywords: marriage; termination of marriage; dissolution of marriage; family law; personal property relations of spouses; property relations of spouses; civil status authority;

Summary/Abstract: The legal consequences of the termination of a marriage are the termination for the future of personal and property legal relations that existed between the spouses during the marriage. In this case, some legal relations are terminated immediately after termination, others can be preserved. With the termination of the marriage, the legal regime of the spouses’ property ceases to operate, that is, the regime of their common joint property, but on the condition that the spouses divided the property jointly acquired in marriage. If the spouses did not share common property, then after the dissolution of the marriage, it continues to remain in common with the relevant legal regime, as it was acquired during the marriage. Dissolution of a marriage without division of property in itself cannot transform the common joint property of the spouses into shared or separate property. With the termination of the marriage, the spouses also lose other rights provided for by other branches of law: the right to receive inheritance by law after the death of the former spouse; the right to retirement benefits in connection with the loss of a spouse on the grounds established by law, and others.

  • Issue Year: 2020
  • Issue No: 3-4
  • Page Range: 98-114
  • Page Count: 17
  • Language: Russian