Aspecte privind buna şi reaua credinţă în raporturile patrimoniale dintre soţi

Rezumat

In this study, we aimed at identifying the situations in which there is a question of the good or bad faith in the relationships between spouses. For practical reasons we intend to examine the good faith applied to the property relationships, even if, in the spouses’ case, the idea of good/bad faith is entirely found in the matter of personal non‑property relationships.

We started from the idea that good faith determined the idea of fault, with valence in the matter of the opposite phrase of bad faith. It follows that, whenever there’s the question of tort liability in the civil relationships between the spouses, an institution based on the idea of fault, we simultaneously find also the notion of good/bad faith in the relationships between the spouses. Thus, we can state that, in the case of spouses, the notion of good faith is regarded lato sensu, unlike common civil law and especially that in the matter of assets, namely the field of rights in rem, in relation to which we considered it comparatively.

However, good faith cannot be separated from the notions of third, publicity and enforceability. That is why, a complete analysis aims both at the relationships between the spouses, and at the relationships between the spouses and third parties.

In other words, good/bad faith between the spouses acquires different attributes when considered chronologically, at different times: before the conclusion of the marriage, during the marriage or after the marriage in the case of divorce, but also following the cessation of marriage, in the matter of succession.

However, not to mention these approaches, we preferred to analyze the idea of good faith in certain matters, as approached by the legislator in the Civil Code: putative marriage, property regimes, in the case of spouses’ acts of disposal regarding common assets, but also the simulation of the matrimonial property agreement, contracts, successions.

Keywords: matrimonial property agreement; spouses; acts of disposal; donation; surviving spouse; good faith.