Divorţul ca urmare a separării în fapt a soţilor. Aspecte substanţial-procesuale
based on long term separation of spouses. Substantial and procedural aspects

Summary/Abstract: In the current paper we aimed to analyze, as exhaustive as possible, from both the perspective of substantial and procedural norms, the problem of divorce based on long term separation of spouses. In this regard, in a preliminary section the attention is focused on the substantial regime, being analyzed aspects such as the fundament of the divorce hypothesis, the notion of separation, the duration of separation and the subsequent substantial implications with a special inclination on the issues of damages resulting from divorce, of compensatory benefit for the innocent spouse and of the sherd home. The second part of the paper focuses mainly on procedural aspect, among which the particularities regarding court complaint and court proceedings and the ambiguity that result from the provisions of Article 934, 3rd paragraph Civil Procedure Code. In essence, we concluded that the divorced based on long term separation is a special and derogatory form of divorce based on fault and the norms that rule is should be restrictively interpreted, which, for example, excludes the possibility of granting compensatory benefit when the marriage is dissolved on this basis. Furthermore, the court cannot grant the divorce based on the plaintiffs’ exclusive fault, except the situation when he failed a main or accessory court complaint asking for the divorce based on the provisions of Article 373 letter c) Civil Code.

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