Locuinţa familiei în Codul civil (Partea a II-a)

Avocat dr. Mihaela Adriana Oprescu

Judecător dr. Mugurel Marius Oprescu

Vicepreşedinte Judecătoria Turda

Partea I

Abstract

Family dwelling under the civil code (Part II)

Protection established by the primary regime regarding the family dwelling is reinforced by the provisions of art. 323, para. 1 of the Civil Code according to which, if the dwelling is held under a lease agreement, each spouse has his/her own residential right, even if only one of them is the holder of the contract and the contract is signed before marriage.

Thus, during marriage, title joint holders of the dwelling protects the family dwelling and housing rights of each spouse, not only against any unilateral assignment act issued by the other spouse, but also against any initiative of the landlord against one of them.

Also, the particular status of the family dwelling during the course of marriage is maintained as such after divorce, the spouses rights on it ranging as they are...