Locuinţa familiei în perioada de „conviețuire armonioasă” şi cea de „criză conjugală” a soților în ambitusul regimului primar
The Family Residence During the Period of "Harmonious Coexistence" and The Period of "Marital Crisis" of The Spouses in The Scope of The Primary Regime

Author(s): Nadia-Cerasela Aniţei, Raluca Laura Dornean Păunescu
Subject(s): Civil Law
Published by: Universul Juridic
Keywords: Spouses, Children; Family Home; Romanian Civil Code; Housing Law no. 114/1996; Republished and Modified;
Summary/Abstract: The Civil Code regulates a series of general mandatory rules in Chapter VI - The patrimonial rights and obligations of spouses, Section 1 - Common provisions, Title II Marriage, Book II Family, art. 312- art. 338 Civil Code. We define the primary regime as the totality of the legal rules, which regulate the relationships established between spouses, or between one or both spouses, on the one hand, and third parties, on the other hand, relationships that have as their object assets existing at the time of marriage, acquired during it as well as the obligations contracted in relation to these assets or in order to fulfill the tasks of marriage and which apply to all marriages, regardless of the matrimonial regime to which the spouses are subject. We can say that during marriage we have two categories of applicable norms: Legal norms applicable during the period of "harmonious cohabitation" of the spouses; Legal norms applicable in periods of "marital crisis". The study is dedicated to the legal norms applicable during the period of "harmonious cohabitation" of the spouses, presenting and analyzing the family home.

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