Locuinţa familiei în Codul civil (Partea I)

Avocat dr. Mihaela Adriana Oprescu

Judecător dr. Mugurel Marius Oprescu

Vicepreşedinte Judecătoria Turda

(Partea I)

Abstract

Family dwelling under the Civil Code

Provisions of Articles 321-323 of the Civil Code indicate, at patrimonial level, the need for a marital "association" in the sense that the law requires spouses, when concluding certain legal documents relating to the family dwelling or to the assets inside the building, to consider the partner’s interests and will, respectively. Essentially, the legal texts are aimed, during the marriage, especially where marital tensions, at preventing the spouse entitled to real or personal rights over the family dwelling to dispose of them unilaterally, thus the family residence being protected from the possible negative effects of careless, selfish or even malicious acts of one of the spouses.

Keywords: primary regime, family dwelling, movables furnishing or decorating the family dwelling, noting in the...