Reprezentarea între soţi – repere istorice

Rezumat

Spousal representation can not be reduced to the mere image of the tacit power of attorney between spouses, which had existed in the ancient Family Code of 1953. A historical perspective of this institution can reveal that the possibility or the compulsory character of spousal representation had been synthesising deeper issues in relation to the woman’s place in society, the power dynamic between spouse in the area of private law, matrimonial property regimes and the general effects of marriage, the perspective on contracts.
The present study will use the historical and comparative research methods to analyze the most relevant aspects of spousal representation in continental European private law, from the Roman antiquity up until the Romanian Civil Code adopted in 2009.