ro fr
universul juridic magazin
Revista Română de Drept Privat

The administration of the community assets in the romanian civil code – stability or reform?

The administration of the community assets, based on the principle of equality between spouses, is generally considered one of the most important problems related to legal and conventional community of property. Following the main rule of art. 345 of the Romanian Civil Code each spouse has, in principle, the power to individually administer and dispose of community assets. Thus, the traditional provision of joint administration regulated by the Family Code is amended, the new rule being a modern one. However this main rule of concurrent administration is subject to some exceptions. Indeed, for some acts concerning some community assets the power of administration may belong only to one spouse and for others the consent of the other spouse may be needed.