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CNAA / Theses / 2015 / May /

The matrimonial contractual regime

Author: Pisarenco Olga
Degree:doctor of law
Speciality: 12.00.03 - Private Law (with specification: Civil, Family, Civil Procedure Law, Notary, Business, Informational, Private International, Labour Law, Social Protection Law)
Scientific adviser: Valentina Cebotari
doctor, associate professor (docent), Moldova State University
Institution: Moldova State University


The thesis was presented on the 14 May, 2015
Approved by NCAA on the 19 November, 2015


Adobe PDF document0.56 Mb / in romanian


CZU 347.6(043.3)

Adobe PDF document 1.37 Mb / in romanian
194 pages


matrimonial regime, basic mandatory matrimonial regime, legal matrimonial regime, contractual matrimonial regime, common goods regime, separated goods regime, combined matrimonial regime, matrimonial agreement, commonness presumption


Thesis structure: introduction, three chapters, conclusions and recommendations, bibliography of 186 titles, annex, 177 pages of the main text. The results have been published in 13 scientific publications and presented in 9 scientific communications.

Domain of study: specialty 553.04 – Family law.

Thesis’ purpose and objectives. The purpose of this research is to define the concept of contractual matrimonial regime. The main objectives of the research include the study of the evolution of the terminology and legal aspects of the studied concept; the scientific-legal study and comparative analysis in light of various doctrinal theories and the legislation of other states; the study of the conceptual aspects of the establishment, change and termination of the contractual matrimonial regime; the provision of content examples of the matrimonial regime and the solutions to problems related to the application of matrimonial rights and obligations and to the demonstration of the ownership by spouses; the description of the categories of goods that may be the object of contractual matrimonial regime, and the presentation of specificities, advantages and disadvantages of the most frequent matrimonial regimes; an analysis of the impact of the basic mandatory matrimonial regime on the content of the marital agreement; the presentation of main conclusions and de lege ferenda suggestions to improve the national law.

The scientific novelty and originality of the thesis is ensured by the fact that it represents the first attempt, at the national level, to provide an ample, complex scientific analysis of the contractual matrimonial regime, with theoretical scientific conclusions and recommendations that help to define the content of the marital agreement.

The addressed scientific problem consists in the identification of the specific characteristics of the contractual matrimonial regime, which determined the identification of the problems of regulating the spouses’ rights and obligations during marriage and/or after divorce, and the development of proposals to improve the national regulations on the contractual matrimonial regime, including by implementing international standards.

The theoretical and practical importance of the thesis is ensured by the study of scientific materials and relevant law, the analysis of the terminology, evolution and concepts of the contractual matrimonial regime, the presentation of doctrinal and legislative gaps at the national level, the presentation of solutions and de lege ferenda suggestions necessary to improve the national law. The results of this research will be useful for a further development of the private law and of the family law, in particular.

The implementation of scientific results. The results of this scientific research have been presented at several conferences and published in various specialized reviews, thus contributing to the enrichment of the national theoretical framework on marital agreements. In addition, the general conclusions and proposals can help to improve the national law, to develop explanatory decisions interpreting the regulations on matrimonial regimes, and can be used as teaching materials.