Part I

Cristina-Mihaela NICOLESCU, Assistant Professor, Ph.D. Candidate, Considerations regarding the historical evolution of legislation on the matrimonial property regimes. Emphasis on the origin and evolution of the marriage contract
The present study is aimed at emphasizing the historical evolution of legislation on the matrimonial property regimes. It is uncertain when the idea to organize the pecuniary relations of the spouses appear.

The Roman law settled only the dowry regime which was characterized by the economic independence of the spouses. The existence of the dowry which organized pecuniary relations between the spouses represented the origin of the matrimonial regimes. The dowry regime was a legal one, because the Roman law did not know marriage contracts. The principle of liberty of the marriage contracts appeared at the end of the 16th and at the beginning of the 17th century.

Two significant regimes ruled the pecuniary relations of the spouses in the Middle Ages: the Roman (ancient) regime, as adjusted during the centuries and the matrimonial regime influenced by the Germanic peoples’ customs. The Germanic peoples created the community of property, the regime „imported” by the French as a legal one.

The traditional regime of the Romanian people was the dowry regime which was provided for by all the Romanian ancient laws. The Romanian civil Code (1864) regulated the separation of goods as a legal regime. The principle of liberty of the marriage contracts which has been traditional in our legal order offered to the couples various opportunities of arrangements, the most frequent regime chosen by the spouses being the dowry regime.

Keywords: marriage in the Roman law, marriage contract – origin, dowry, pecuniary relations between the spouses – historical evolution, dowry regime, separation of goods

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