2015

The management of spouses property in comparative law - Alin Gabriel Oprea
Summary: The article aims at examine certain aspects of comparative law, which have guided the legislator of the new Civil Code in adopting innovative solutions to the legal community regime, but also to present different solutions existing in very distant laws, such as the Islamic law. From a theoretical point of view, we can distinguish three management mechanisms of common goods, shared management (all acts of common goods to be committed together by both spouses), parallel management (characterized by the power of each spouse to manage single the community of goods), and separate management (which assumes that each spouse has power only on their property and the joint property they acquired). Exceptionally, those three types of mechanisms may be added a fourth, exclusive management, characterized by the fact that each spouse has an exclusive power, given by the legal nature of the act which it enters, or the legal nature of the good on which the act bears.

Key-words: mariage, matrimonial regime, common goods, personal goods, usage, administration, disposition.

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