Romanian family and sucession laws recognise one form of couples' relationships:
MARRIAGE between persons of opposite sex
Marriage is regulated by the Civil Code.
Marriage is confined only to opposite-sex couples. People of same sex do not have any options to formalize their communion. De facto cohabitation between opposite-sex partners is not regulated by law.
Links to applicable regulations
MARRIAGE, SUCCESIONS: Civil Code (Law 287/2009, Law 71/ 2011)
PRIVATE INTERNATIONAL LAW: Regulation 650/2012, Romanian private international law as part of Civil Code (Law 287/2009, Law 71/ 2011) and Civil Procedure Code (Law no. 134/2010, Law no. 76/2012)
The default matrimonial property regime is the communion of the assets. The spouses may adopt the separation of the assets or conventional communion as well.
Articles 307-327 of the Romanian Civil Code prescribe the options for matrimonial property regime settlement. Accordingly, the spouses can choose to adopt the communion of the assets, the separation of the assets or conventional communion. The regular patrimonial regime is the one of the legal communion of the assets. Communion of assets consists primarily of the goods acquired during the marriage. Assets not included in the communion are: goods acquired as gift, goods for personal usage; goods for professional purposes, rights derived from intellectual property; goods that a spouses receives as a prize or reward, scientific or literary publications, projects, designs, insurance benefits and the restoration deriving from a patrimonial damage suffered by one of the spouses; profits deriving from the property owned by one of the spouses. Exception is made in respect of the profits derived from intellectual property, where such profits belong to the spouses common goods. Spouses are encouraged to create an inventory of the goods, otherwise the goods would be included in the communion of assets. Spouses may opt for a regime of the conventional communion. The convention has to be done in front of a notary. It is possible to stipulate a convention before celebration of a marriage, but its effects will be produced only upon the marriage conclusion. If the convention is based on a secret stipulation made by the spouses, this cannot be opposed to third parties. Marriage conventions must be registered in the National Registry of Marital Regimes held by the National Union of Romanian Notaries
Common assets are used and administered by both of the spouses, without the consent of the other spouse. However, legal transactions related to the sale or imposition of weights and burdens on common assets can be concluded only with the consent of both. Legal transactions related to the family home are governed by a special regime. A spouse cannot independently dispose of the rights to the family home or conclude actions that affect its usage, even if he is the sole owner. However, if the consent of the other spouse is refused in an unjustified manner, the family Court may authorize the conclusion of the act. The non-consenting spouse can request the cancellation of the deed if the dwelling is registered in the property registers as a family home. Cancellation may also be requested without such a requirement if the third buyer was aware of it for other reason. Otherwise, the other spouse can only request compensation for damages.
In the event of death of the spouse dissolution of communion of property takes place prior to successions procedure. Intestate succession takes place when there is no testament.
In Romania, the inheritance can be intestate (Art. 963 of the Civil Code) or testamentary (Art. 1034 of the Civil Code). On the contrary, the succession cannot be regulated by a contract. In fact, there’s a prohibition of succession agreements. Succession in intestacy is based on the kinship with the deceased. The Civil Code enlists the legal heirs of the deceased in classes. The inheritance passes to the legal heirs, namely the surviving spouse and relatives of the deceased in the following order: descendants – first order of heirs; ascendants and privileged collateral relatives – second order of heirs; ordinary ascendants – third order of heirs; ordinary collateral relatives – fourth order of heirs.
There are legally prescribed limitations to the testamentary succession. Hence, the deceased cannot overrule the rights assured by the law to the forced heirs. If the deceased overrules the rights recognized to these subjects, they can bring the action of reduction, in order to get their reserved portion.