Consideraţii critice referitoare la compensaţia obligaţiei de întreţinere
Critical considerations on the compensation of the maintenance obligation

Summary/Abstract: The High Court of Cassation and Justice has decided, in a generally binding decision, that the family court may compensate maintenance obligations due by each parent to the child he does not live with, up to the limit of the inferior one, and as long as it does not contravene the best interest of the child. In the current paper, we shall address the issue of compensating maintenance obligations due by parents to their children, by critically analyzing decision no. 6/2019 of the High Court. The exact elements, of the mentioned decision, that should have convinced us of the conclusion, raised questions, and made us focus on them; Is the High Court in error, or there is only a terminological confusion? To complete the picture of the critical analysis of the High Court’s decision, and the short periplus into the domain of compensation, as a means to end an obligation, in the final section of the paper we have made a lege ferenda proposal in the form of adding a norm to the Civil Code which prohibits the compensation of maintenance obligations, a measure we consider it indispensable.

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