Numărul par la divorț (art. 926 C.proc.civ.) și efectele sale în planul dreptului substanțial și procesual
The even number in divorce proceedings (Art. 926 of the Code of Civil Procedure) and its effects in substantive and procedural law

Summary/Abstract: Viewed diachronically, divorce procedure emerges as a legal mechanism attuned to „social time”, from Roman law – where the dissolution of „matrimonium” followed the disappearance of „affectio maritalis” and was treated as a private fact with legal consequences – to modern law, which has transformed divorce into an institutionalised procedure marked by state intervention, precisely in order to mediate the tension between the stability of the family order and individual autonomy, while, from a sociological and philosophical perspective, this continuous transformation reflects the shift from an organic, communitarian conception of the family to a reflexive one, in which legal norms no longer formally preserve bonds emptied of substance, but rather seek to rationally manage rupture, constantly adapting to changes in values, roles, and social expectations.Against the background of these new realities, the notion of „fault” in the dissolution of marriage has acquired new dimensions, leading to the exceptional situation introduced by the legislator in Art. 926(2) of the Code of Civil Procedure. According to this provision, where the claimant spouse dies during divorce proceedings initiated on the grounds of the fault of the defendant spouse, the claimant’s heirs may continue the action, and the court will grant it if it finds the exclusive fault of the defendant spouse. Consequently, the establishment of a divorce „interrupted by death,” in which the divorce claim „survives” the death of the claimant spouse, gives rise to a series of doctrinal and jurisprudential debates concerning the conditions under which Art. 926(2) of the Code of Civil Procedure is applicable, the legal status required of the person continuing the divorce claim, the categories of persons entitled to do so, as well as the effects produced by the continuation of the divorce proceedings in both substantive and procedural law.Thus, the even number rule in divorce proceedings – Art. 926(2) of the Code of Civil Procedure – aims to exclude the spouse culpable for the dissolution of the marriage from inheriting the „innocent” spouse; however, by virtue of its derogatory character, this regulation gives rise to extensive discussions regarding the scope and limits of its application, particularly as regards the conditions under which a departure from the strictly personal nature of the divorce action may be accepted, as well as the substantive and procedural legal effects generated by this mechanism.

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