The role of the spousal agreement in the dissolution of the marriage Cover Image
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Rolul acordului de voinţă al soţilor la desfacerea căsătoriei
The role of the spousal agreement in the dissolution of the marriage

Author(s): Oana Elena Buzincu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: the role of the Spousal Agreement; the divorce procedure; parental agreement; the principle of consensualism; spouses; minor children; Civil Code; Code of Civil Procedure; judge; notary public; civil

Summary/Abstract: In order to form or sometimes even dissolve the family relationships, the Spousal Agreement is the fundamental element. Therefore, the central point of the present work is dedicated to the role of the Spousal Agreement in the dissolution of the marriage, the agreement being seen both from the perspective of the divorce itself as well as from the point of view of its effects on the minor children of the two spouses, that is, on the ancillary requests. Throughout this study, the reader has the opportunity to acknowledge the clear theories concerning the way the agreement is assigned the primary role in the procedure of the amicable dissolution of the marriage in front of the judge, the notary public or the civil status officer. Furthermore, the multiple valences of the agreement are emphasized, starting with those regarding the settlement during the divorce procedure and ending with a possible accord that can be concluded after a relatively long period of time from the date of the dissolution of the marriage.

  • Issue Year: 2020
  • Issue No: 1
  • Page Range: 31-54
  • Page Count: 24
  • Language: Romanian
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