A fost de bunăvoie şi nesilit de nimeni, dar m-am înşelat. Despre divorţul din culpă şi culpa din divorţ. Partea I
It was willingly and unforced by anyone, but I was wrong. About guilt divorce and divorce guilt. Part I

Summary/Abstract: In the present paper, divided into two parts, we set out to make a brief foray into the fascinating and complex issue of fault based divorce, aiming to bring some clarifications to the concept, especially from the perspective of the logical legal syllogism it implies and the particularities that characterize it. Thus, in the first part, after a brief review of some general aspects related to the institution of marriage and the ways of its dissolution, including the forms of divorce, our attention focused on the divorce based on fault, where we have tried to underline the conditions that need to be met in order to terminate marriage on this basis and to set some necessary delimitations. Subsequently, some particularities of the judicial claim and the counterclaim were analyzed, with emphasis on the impact that the condition of fault has on them. The second part of the paper deals exclusively with the issue of fault and tries to identify the hypotheses in which fault can be retained, to draw some delimitations of the concept of fault in divorce and to make small distinctions between exclusive and common fault.

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