Historical origins of modern and contemporary matrimonial regimes in Romanian Family Law

Abstract

Contemporary matrimonial regimes in Romanian Family law can trace back their historical origins to the French Civil Code of 1804. Going further back in time, we could argue that the French codification was a conservative one that merely incorporated previous customary practices from the North of France, that trace their origins to old Germanic laws, and the written law of Southern France, which found its roots in classical and postclassical Roman law.

The matrimonial community, the separation of assets between husband and wife and all other modern regimes are not creations of the modern world, they are merely modern interpretations of millenary practices, adapted to the egalitarian vision brought about by the improvements in the status of women.