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Universul Juridic magazin

Enforceability in conventional dating schemes

Regulated, as a novelty, by the new Civil Code that became effective on 1 October 2011, the marital agreement allows spouses to choose another matrimonial regime than the legal community regime, namely between the regime of separation of property and the conventional community of property regime. Conventional matrimonial regimes apply, voluntarily, by concluding a marital agreement, just like concluding such an agreement is necessary in order to change the matrimonial regime. Starting from the initial premise according to which the marital agreement is an authentic document, this approach examines the extent to which it represents a new category of enforceable titles and, if so, which of its provisions, in relation to the provisions of art. 367 letters a)-e), are enforceable, in other words, are likely to be enforced.