REFLECTIONS ON MONETARY DAMAGES THAT MAY BE GRANTED PURSUANT TO ARTICLE 388 CIVIL CODE FOR THE REPARATION OF MORAL PREJUDICES CAUSED BY THE DISSOLUTION OF MARRIAGE. ASPECTS OF COMPARATIVE LAW. SPECIFIC COMPARISONS TO FRANCE
REFLECTIONS ON MONETARY DAMAGES THAT MAY BE GRANTED PURSUANT TO ARTICLE 388 CIVIL CODE FOR THE REPARATION OF MORAL PREJUDICES CAUSED BY THE DISSOLUTION OF MARRIAGE. ASPECTS OF COMPARATIVE LAW. SPECIFIC COMPARISONS TO FRANCE

Summary/Abstract: This study refers to examining the possibility of applying the provisions of art. 388 Romanian Civil Code and in case of reparation of the moral prejudices caused by the dissolution of marriage and the granting of monetary damages to the spouse who us not at fault for the dissolution of marriage. The civil legislation regulates for the first time this "right to damages" but the legal provisions were inspired by the French regulation which provided for the possibility of granting monetary damages. The examination of the provisions of art. 266 French Civil Code led to the identification of additional requirements which the French legislator expressly provided for compared to the Romanian legislator.

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