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The modification of the matrimonial regime in Romania

It is possible to change the matrimonial regime after concluding a marriage according to the Romanian law?

Of course. The modification of the matrimonial regime in Romania is regulated by the Civil Code in art. 369 - 372. According to these provisions, the matrimonial regime modification can be of two types, namely: the conventional modification of the matrimonial regime and the judicial modification of the matrimonial regime.

What does the conventional modification of the matrimonial regime imply and what are the conditions that must be met in order for this modification to legally take place?

According to art. 369, after a period of at least one year has passed from the closing date of the marriage, the spouses acquire the right to replace the existing matrimonial regime to another matrimonial regime, as well as to modify the existing matrimonial regime whenever this change or replacement is desired.

The conditions to be met for the valid replacement or modification of the matrimonial regime refer to observing and respecting the formalities concerning the matrimonial property regime, those regarding the publicity of the matrimonial convention, as well as the unenforceability effect for the lack of publicity formalities.

Can the modification of the current matrimonial regime affect in any way the situation of creditors?

In case the creditors are prejudiced by the modification or the liquidation of the matrimonial regime, the law provides for their right to formulate action within one year from the date on which they were the publication formalities have been made or, if applicable, when the creditors became aware of this, before these circumstances, in another way.

These creditors can invoke at any time, by way of exception, the unenforceability of the modification or termination of the matrimonial regime made in fraud of their interests.

What does the judicial modification of the matrimonial regime imply and what are the cases in which such a modification can take place?

In case the matrimonial regime of the spouses is that of the legal community or the conventional community, the court, at the request of a spouse, can dispose the separation of the goods when the other spouse concluded acts that endangered the property interests of the family.

What are the effects that the judicial modification of the matrimonial regime produces in regards to the spouses and to third parties?

The separation of goods delivered by the court causes the previous matrimonial property regime to cease and the spouses will be applied the matrimonial regime of separation of goods. Between spouses, the effects of the separation occur at the time of the application, unless the court, at the request of any of them, disposes that these effects to be applied from the date of the separation in fact.

If you want to obtain additional, more detailed information regarding the regime of separation of goods, you can consult the article written by our team on the subject, or one of our attorneys.

Regarding the effects of this modification on third parties, the law stipulates that creditors can’t demand the separation of goods, but can intervene in question.

Our team is at your disposal for further information on modifying the matrimonial regime, its applications and conditions and the effects of the separation of goods regime. Our lawyers possess extensive experience in various fields of law, successfully providing specialized legal consultancy through complete and updated information according to the latest legislative changes, as well as representation before the competent authorities, when necessary. 

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