The spouses, third parties and rights of property

Abstract

The new concept of equality between the spouses which has been introduced by the amendments to the Civil Code brought about one fundamental change which concerns property, both movable and immovable. Prior to 1.12.1993, the law used to consider the husband as the head of the family. He was entrusted with the administration of the community of acquests. Consequently, for example, he could sell any property forming part of the community of acquests without the consent of his wife. The Civil Code as amended now provides that the property acquired during marriage is to be administered by the spouses jointly. Consequently, in order to sell an immovable property, the consent of the wife is now necessary. It is, therefore, opportune to give an overview of the amendments to the Civil Code affecting the property of the spouses and the administration thereat and to examine how such amendments have given a new dimension to the juridical relationship between the spouses and third parties with regard to rights of property.