Autor: Iolanda BOTI, Victor BOTI

Editura:  Cugetarea

Cod ISSN: 1221-4876, pp. 245-250

Abstract:

The present article treats the problem of the association within a civil association of the husband and wife, that brings as contribution at it’s incorporation the common assets, obtained during their marriage.

The issue has been roughly discussed, especially in practice, where it has been reached to the conclusion that this association is possible and legal.

Personally, we consider that the association of husband and wife as parts of the same civil association represents a convention with respect to the community of assets, convention which, according to the Romanian law, impacts against nullity.

Therefore, any association between husband and wife under the form of a civil association that will own in it’s property their common assets would be the equivalent of the conversion of the juridical conditions of the assets obtained during the marriage, so that the jointly commom property on shares towards the respective assets, being possible to estabish the participation quota in case of dissolution and liquidation of the patrimony of the respective association.