Dreptul la despăgubiri în cadrul divorțului contencios
The Right to Compensation in Contentious Divorce

Author(s): Cristiana Mihaela Crăciunescu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: Divorce; Exclusive Fault; Compensation; Compensatory Damages; Damages;
Summary/Abstract: According to the current Civil Code, the fault of the spouses in divorce acquires an unprecedented importance, especially on the material level. The pecuniary effects of the contentious divorce try to compensate, as far as possible, the sufferings of the innocent spouse, who, in addition to losing access to the family, also suffers a series of material damages, or at least inconveniences, who have a negative impact upon their future. These are mainly: compensation, compensatory damages, and obligation of maintenance between the former spouses. As we take into consideration the fact that these are relatively new legal institutions, both the right to compensation for the damages caused by the dissolution of the marriage and the compensatory damages have a non-unitary jurisprudence that is always looking for meanings and interpretations to support the applicants.

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