THE PRIMARY IMPERATIVE REGIME AS REGULATED BY THE NEW ROMANIAN CIVIL CODE

Irina Apetrei*

Abstract

Perhaps the most significant novelty brought by the current Romanian Civil Code (Law no. 287/2009) regarding family relations, now covered by the new code, consists of the consecration of the principle of freedom of choice of matrimonial regime.

Regardless of the matrimonial property regime chosen by the spouses (the statutory community of property, the conventional community of property or the separation of property), there are several provisions relevant to the patrimonial relations established between spouses or between spouses and third parties, provisions that apply to any marriage, in order to ensure its functioning and that are known as the primary imperative regime.

Noting that family law doctrine mainly analyses the three matrimonial property regimes that are currently possible in Romania and that it does not thoroughly cover the primary imperative regime, and also considering the importance of the latter regarding the patrimonial viability of any marriage, the author has chosen to analyze the primary imperative regime in its entirety.

Keywords: the Romanian Civil code, primary imperative regime, the principle of freedom of choice of matrimonial regime

pp. 39-47

* Irina Apetrei, Ph.D., is Lecturer at “Mihail Kogălniceanu” University, Iaşi, Romania;

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