Divorce procedures
in other EU Member States Italy. Cyprus. Finland
Divorce procedures
in other EU Member States Italy. Cyprus. Finland
Author(s): Mădălina Dinu, Marian Christian IoanaSubject(s): Civil Law
Published by: Editura Hamangiu S.R.L.
Keywords: dissolution of marriage; de facto separation; legal separation; grounds for divorce;
Summary/Abstract: Over time, the institution of divorce has been perceived differently by society, being either accepted as a common practice or rejected as not being moral or against local laws. But what is certain is that divorce has been recognized, in various forms, since ancient times, but there have been periods or states in which it has not been accepted or in which the exercise of this right has been more or less restricted[1]. These restrictions were not perceived as discrimination[2] at the time they came into force, on the contrary, they meant something natural to that society.Divorce is a result of social realities, a result that should, indisputably, be regulated and recognized by law, we do not believe that the law is able to require the individual to continue life tied to another individual, because individual freedom is above the law[3]. If the law unilaterally required people to be bound forever to those they married, then this situation could be likened to the situation of slaves who were dependent on their masters.We consider that the theme is a topical one, often encountered in the new contem-porary social and legal life. The social-legal life to which we refer is in a continuous change and transformation, with great valences of uniformity and globalization. Today, there is a trend towards rapid harmonization and modernization, with divorce becoming trivial in the vast majority of the world's states, being likened to a simple change of job. The Romanian patriarchal society, although considered one of the last European strongholds[4], does not differ from the others in Europe, also being on the verge of extinc¬tion, people nowadays having other desiderata, and when they find that these desi¬derata are difficult or even stagnant due to their life partner, they turn to the legal insti¬tution of divorce. Thus, divorce becomes a remedy that provides the necessary instruments to the person who turned to it in order to follow the path they wanted from the beginning.
Journal: Conferința Internațională de Drept, Studii Europene și Relații Internaționale
- Issue Year: VIII/2020
- Issue No: VIII
- Page Range: 537-548
- Page Count: 12
- Language: English