Nadia Cerasela Anitei

Marriage Agreement Under the Provisions of the Romanian Civil Code: Legal Regulation of Marriage Agreement Nadia Cerasela Anitei

From our point of view, an effective legislative technique, of introduction of new matrimonial regimes in the Romanian law is represented by the regulation of matrimonial agreements, by which the spouses who are discontent with the characteristics of the legal community regime, can choose the conventional community regime or the separation of property regime as their matrimonial regime, better adapted to the needs of the respective family. The same liberalization of the Romanian law requires the mutability of matrimonial agreements, thus adapting them to the unexpected occurrences of life. Given the complexity of matrimonial agreement issues and the implications of these contracts, the legislature stated that these marriage agreements should be concluded before a notary public, so that the spouses can benefit from his assistance in drafting these agreements. The need to protect third parties against fraudulent intentions of the spouses requires, in addition to the requisite, the organization of an efficient system of publicity of any matrimonial agreement and of any of its amendments. The author