Theoretical and practical aspects regarding the matrimonial convention between spouses

AuthorVeronica Stoica/Gabriela Dumitrache
Theoretical and practical aspects regarding
the matrimonial convention between spouses
Professor Veronica STOICA1
Ph.D. student Gabriela DUMITRACHE2
By way of the present study, the authors have proposed to analyze the matrimonial
convention between spouses, both from the perspective of theoretical considerations, as
well as from the point of view of the notary practice. The writing pursues to display the
organizational possibilities of the pecuniary aspects of marriage in the current economic
context, grafted by the variety of marital situations. The study identifies the elements which
can influence spouses’ preference towards a certain matrimonial regime, and highlights the
role of the public notary in the arrangement of the chosen matrimonial regime. The piece of
work emphasizes the particularities of national law in the matter of matrimonial
convention, in the light of the pithy French influence, and presents the advanced solutions
in the French doctrine that can superpose the theoretical disputes born in the Romanian
doctrine. The authors have recourse to use the systemic method through which it was
intended to analyze the institution of the matrimonial convention by reference to practical
solutions (empirical observations) adopted by the public notary at the instrumentation of a
matrimonial convention. Our concise presentation may constitute a starting point for the
future spouses/spouses looking forward to adopt a matrimonial technique, transposed into
the pattern of matrimonial convention, to reflect as faithfully as possible the patrimonial
relations between spouses, and also between them and third parties.
Keywords: spouses, the choice of matrimonial regime, the authentication of the
matrimonial convention, the precipice clause.
JEL Classification: K36
1. Introductive considerations
The Romanian Civil Code which came into force on the first of October
2011 has generated a revival of the notarial activity. Thereby, amongst the new
powers given to the notary by the new Civil Code’s legislator, we mention the
authentication of the matrimonial conventions between future spouses, either
1 Veronica Stoica the Police Academy “Alexandru Ioan Cuza”, Bucharest, Romania,
2 Gabriela Dumitrache Public notary, Bucharest Chamber of Public Notaries, Romania,
3 The Romanian law has configured the matter of matrimonial regimes after a pregnant French

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