Compensatory Benefit of the Innocent Spouse under Romanian Law
Compensatory Benefit of the Innocent Spouse under Romanian Law
Author(s): Ciprian Raul RomițanSubject(s): Civil Law, Family and social welfare, Philosophy of Law
Published by: Scientia Moralitas Research Institute
Keywords: dissolution of marriage; compensatory benefit; innocent spouse; spouse’s exclusive fault; living conditions; significant imbalance;
Summary/Abstract: In some cases, after the marriage has been dissolved, a significant economic imbalance can be created as regards the living conditions of one of the former spouses, and should therefore be required that, if he/she is not guilty of divorce, to be assured of living conditions similar to those which he/ she had during his/her marriage. The tool which the interested spouse has at his/her disposal is the compensatory benefit. By regulating the institution of compensatory benefit, the Romanian legislator wanted to offer a legal instrument that would compensate for a possible imbalance in the way of life that the divorce would produce to the person requesting such a benefit. The study shall make a theoretical and practical analysis of the conditions for granting the compensatory benefit, the method for determining the amount and the procedures for amending and ceasing it.
Journal: SCIENTIA MORALITAS - International Journal of Multidisciplinary Research
- Issue Year: 6/2021
- Issue No: 1
- Page Range: 15-30
- Page Count: 16
- Language: English