Comparative aspects regarding the regime of participation in acquisitions and the regime of separation of goods

• Author: Oana Ravas
• Position: University of Petrosani, Faculty of Science
• Pages: 269-276

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 7 (56) No. 2 - 2014

COMPARATIVE ASPECTS REGARDING

THE REGIME OF PARTICIPATION IN

ACQUISITIONS AND THE REGIME OF

SEPARATION OF GOODS

Oana RĂVAŞ1

Abstract: From the current perspective of harmonizing European

provisions on family law, both the conventional community and the

separation of goods community are equall y capable of achieving the present

objectives of matrimonial law. However, the contemporary notion of

marriage no longer describes marriage as a traditional relation between the

male provider of the family and a female partner, but as a modern union,

with an equal division of work inside and outside marriage. This difference

between the old and new concept of marriage and between marriage and

matrimonial relations inside or outside of mar riage require further

discussion of the regulation of matrimonial regimes in Europe at present.

Key words: patrimonial relations, matrimonial regimes, the regime of

participating in acquisitions, European law system, the spouses’ community

of goods regime.

1 University of Petroşani, Faculty of Science.

1. Introduction

The regime of separation of goods was

stated by the old Romanian Civil Code as a

common law regime; its enforcement was

extensive due to the fact that not many

couples had matrimonial conventions which

entailed paying prohibitive fiscal taxes. The

communist era was an obstacle in

emancipating the individual’s fr eedom of

opinion; it was believed that the state was

the only one who knew what was best for

the individuals from the society it

represented, thus equalizing its citizens and

abruptly eliminating any possibility to

support the freedom of speech in the matter

of family relations, which were regulated in

a unified and predictable manner.

The regime of separation of goods

represents the antonym of community

regimes. As opposed to other matrimonial

regimes, the regime of separation of goods

achieves a complete separation of the

spouses’interests, by providing patrimonial

independence [2].

The profoundly individualis tic character

of the regime of separation of goods has

determined the French author R. Savatier

to state, in a rather shocking opinion, that

separation of goods is less of a regime than

the absence of a matrimonial regime, an

opinion which was argued by th e entire

French doctrine.

The patrimonial relations which arise

between the two spouses, who are under

the regime of separation of goods, thus