APPLICABLE LAW PRINCIPLES FOR MATRIMONIAL PROPERTY REGIMES

More and more often, marriages are concluded between people of different nationalities, which brings an extraneous dimension to the legal status and matrimonial property regime jurisdiction conflict. Many European states (among which Romania, through its new Civil Code) offer the advantage of clauses that could be used by any of the spouses, with regard to the applicable law. In case of divorce, consequences differ with the applicable law. Spouses who divorce and divide their assets based on the applicable law, can revoke the advantages they had initially consented to each other. Thus, the law applicable to the matrimonial property regime can be that of the state of the spouses, if they are nationals of the same state, except for the case where the future spouses choose otherwise. If they are nationals of different states, the law applicable to matrimonial property regime can be that of the state of their first habitual residence after marriage. Upon cessation of community, depending on the state where the divorce takes place, each spouse has the right to regain possession of his/her own assets, if they still exist, or of the assets replacing them. The Romanian legislation, through its new civil provisions, promotes a more modern and open approach with regard to the option at the disposal of the spouses when choosing the applicable matrimonial property regime and managing community property or asset distribution.