Prestaţia compensatorie în caz de divorţ şi posibilitatea executării ei silite pe calea popririi
Compensatory benefit in case of divorce and possibility of enforcement by means of attachment

Summary/Abstract: According to the doctrine, while, under the Family Code, the termination of the marriage involved the almost total break of the patrimonial relationships between the former spouses, the only exception being the partition of the common assets and the obligations to support between the former spouses, the currentCivil Code establishes several material benefits that one of the spouses may obtain by the divorce. These benefits are: right to compensation for covering the expenses for moving to another dwelling; awarding the benefit of the rental contract for the family residence; the right to indemnifications; the obligation to support between the former spouses; compensatory benefit. As the doctrine suggestively stated, in a reverse reflex, the authors of the current Civil Code took over all the indemnifications and compensations regulated by the legislations which served as models for it, without showing any particular concern to whether they will survive in our legal system. This study presents an systematic and detailed analysis of the provisions of Articles 390-395 of the Civil Code regarding the compensatory benefit, being concerned both with using the doctrine reactions regarding this novel legal institution, and with expressing our own standpoint, inclusively with respect to the possibility of compulsory enforcement of the compensatory benefit by means of an attachment.

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