Consideraţii teoretice şi practice asupra prestaţiei compensatorii în procedura divorţului
Theoretical and practical considerations on compensatory benefits in divorce proceedings

Summary/Abstract: It is a unanimous fact that the main pawn of the society is the family, which represents the basic cell of the society. However, given that this “cell” is based on the emotional relationships between the “founders of the family”, they are often affected by the passage of time, causing almost inherently “fractures” in family life, some of which are “remedied” by the spouses, the marriage continuing, others having as sole remedy “the dissolution of the marriage by divorce”. Referring to the reality of family life, often the “fault” for the breakdown of family relationships is difficult to establish, there is always a “truth of the parties” (spouses) told by them before the court that is the starting point for the judiciary to establish the “legal truth”. Once the exclusive fault of one of the spouses has been established at the dissolution of the marriage, the court has the possibility (at the request of the party and conditioned by the fulfillment of the other legal conditions) to try to compensate the material and moral damage suffered by the innocent spouse, giving him a reparation or/and a compensatory benefit.

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