ASPECTS RELATED TO PATRIMONIAL EFFECTS OF DIVORCE IN RELATION TO COMPENSATION AND COMPENSATORY PROVISION
ASPECTS RELATED TO PATRIMONIAL EFFECTS OF DIVORCE IN RELATION TO COMPENSATION AND COMPENSATORY PROVISION
Author(s): Carmen Oana MihăilăSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: C.H. Beck Publishing House - Romania
Keywords: patrimonial effects; divorce; right to compensation; compensatory benefit; exclusive fault.
Summary/Abstract: The social, economic, and psychological consequences of divorce are a reality that is more and more common nowadays. The paper analyses only part of the effects of marriage dissolution, in particular those relating to the right of the spouse who is not faulty of divorce, to receive compensation for the damage suffered (whether material or moral), but also a compensatory benefit which has the role of balancing the living conditions after divorce. If the right to compensation is a well-known institution, which, in the opinion of the specialists, constitutes a particular application of tort law, the compensatory benefit is a new institution introduced in the Romanian Civil Code, of French inspiration, which provokes some doctrinal controversies.
Journal: Istorie, Cultura, Cetatenie in Uniunea Europeana
- Issue Year: 12/2019
- Issue No: 1
- Page Range: 221-233
- Page Count: 13
- Language: English