ro fr
universul juridic magazin
Revista Română de Drept Privat

Considérations sur la date de cessation du régime matrimonial – dans les relations entre époux – par l’effet du divorce

Under the provisions of the Romanian law, by the effect of the divorce, in relations between spouses the matrimonial regime ceases upon filing the petition for divorce - the rule in the matter, or at an earlier date, that of the factual separation of spouses - except (art. 385 of the Civil Code.). In the previous regulation, until the entry into force of the new Civil Code, on the 1st of October 2011, the personal or pecuniary effects of divorce, had as a starting point in relations between the former spouses one and the same time, namely that of the dissolution of the marriage by the irrevocable court order. The present study is devoted to the retroactive, possible super-retroactive effect of the divorce in relationships between spouses concerning their matrimonial regime. The considerations on the mechanism of the “early” termination of the matrimonial regime, no matter which is the reason of the divorce realized or the chosen procedure mean, on the lack of synchronization between the date of termination and the date of liquidation of the matrimonial property regime (I), bring into attention the possible judgments of the legislator’s options (II) and, inevitably, the theoretical and practical shortcomings of the legal solution (III).