Consideraţii privind regimul separaţiei de bunuri

Judecător dr. Mugurel Marius Oprescu

Avocat Mihaela Adriana Oprescu

Considerations regarding the regime of separation of assets

Abstract

The regime of the separation of assets is, compared to other matrimonial regimes, the one that provides spouses with the greatest patrimonial independence. Thus, each spouse maintains the right to property over his/her own assets, as recorded on the day of matrimony, as well as those acquired at a later time, either in an onerous, or in a free manner, whilst having the sole obligation to contribute to the tasks pertaining to marriage.

The separation of assets is obviously recommended when the profession of one of the spouses entails financial risks, and his/her potential creditors would be unable to stake their claim based on the assets of the other spouse.

The inconveniences of this regime are not entirely negligible, though. Its apparent simplicity is somewhat deceptive, as, from a practical point of view,...