The sharing of common property in the context of divorce or dissolution of the matrimonial regime entails the division of the property acquired jointly between the former spouses. According to Romanian law, there is a legal presumption of equal contribution, with each spouse being considered to have contributed equally to the acquisition of the common property. However, this presumption is relative and may be overturned based on […]
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Parental abduction (the detention of a minor by a parent) can trigger civil, criminal proceedings and, sometimes, the Hague Convention. Find out what steps are urgent, what evidence counts and how the surrender of the minor is carried out. Parental abduction: what it means and why it is a legal emergency In practice, „parental abduction” describes the situation where one of the parents […]
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Introduction — procedural context In division of property disputes where one of the former spouses requests a share of more than 50%, the dispute is primarily decided on the basis of evidence: the law assumes equal contribution, but this can only be overturned by conclusive evidence showing the claimant’s actual greater contribution (art. 357 […]
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Introduction — why the dispute over „over 50%” arises When dissolving the matrimonial regime with common jointly owned property, the law starts from the presumption that each spouse contributed equally to the formation of the common patrimonial mass — that is, normally, each of them receives 50% of the divisible mass. This presumption is relative: it can be overturned by evidence […]
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The removal or retention of a child in another state can trigger an urgent civil return procedure. This primarily aims to return the child to the state where they had their habitual residence, so that the competent courts there can resolve the issue of parental responsibility. The procedure does not automatically determine who has custody and does not in itself qualify the act […]
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