Special Issues Regarding The Family's Residence

AuthorIoana Nicolae
PositionAssociate Professor PhD, Transylvania University of Brasov, Law School, no. 25, Eroilor Blvd, Brasov, Romania
Pages29-36
JURIDICA
29
Private Law
Ioana NICOLAE
1
Abstract: In the light of the current Civil Code, the family’s residence has a special legal regime,
being properly protected. In this context, our article regarding of the main rules which ensure the
protection of this residence is justified. As a result, out object of study is mainly directed at the special
regulations regarding the hypothesis in which the residence is involved, as well as examining the legal
rights of each spouse, even if only one of them is the holder of the lease contract or this contract is
concluded before marriage. Such an endeavor is based on examining the provisions in this area and in
specialty literature, as jurisprudence is now being clarified on this matter.
Keywords: family residence; consent; beneficiary of the lease contract
1. Introduction
The special regime of protecting the family’s residence is a series of imperative
legal provisions articles 321-324 of the Civil Code
2
. Thus, the notion of family
residence is legally regulated (article 321), the judicial regime of some acts (article
322), the rights of each spouse over the rented residence (article 323) and
attributing the lease contract (article 324)
This series of regulations is placed by the lawmaker within the common provisions
regarding the rights and patrimonial obligations of the spouses, which are
1
Associate Professor PhD, Transylvania University of Brasov, Law School, no. 25, Eroilor Blvd,
Brasov, Romania, telephone: (+40) 268 471 044. Corresponding author: ioanan1977@yahoo.com;
ioana.nicolae@unitbv.ro.
2
Law no 287/2009, republished in the Romanian Official Gazette no 505/15.07.2011, with
subsequent changes and additions.
AUDJ, vol. 10, no. 3/2014, pp. 29-36
Special Issues Regarding The Family’s
Residence

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