Un alt fel de divorţ: divorţul din motive de sănătate
Another kind of divorce: divorce for health reasons

Summary/Abstract: The study aims to analyze the substantial and procedural particularities of divorce for health reasons. Thus, after a brief introduction, the study begins with an analysis of the substantial conditions of divorce for health reasons by identifying the particularities the health issue must meet in order to justify such a divorce claim, the significance of the impossibility to continue the marriage, and the causal link that must exist between the health issue and the impasse of the marriage. In the final part of the section, we argued why fault remains a relevant element even though, if the claim is granted, it wonʼt be mentioned in the judicial decision. The second section, dedicated to procedural issues, brings into attention the particularities of legal standing in this kind of divorce claims, with a focus on the possible readings of Article 918 second paragraph Civil Procedure Code. Then, we have briefly analyzed the aspects that need to be proven and the judicial status of the defendant, especially the means at his disposal if he wishes to divorce on other grounds.

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