Scurte consideraţii privitoare la obligaţia de întreţinere între foştii soţi
Brief considerations regarding the maintenance obligation between ex-spouses

Summary/Abstract: Once the substantive conditions required regarding the debtor and the creditor have been met, the ex-spouse’s right to maintenance cannot be denied. By establishing the right to maintenance in favor of the creditor, the aim is to ensure the living conditions he had during the marriage and not the minimum survival conditions. The foundation of the obligation of maintenance between ex-spouses is based on social cohabitation relations and by no means delictual liability, as long as the spouse guilty of the dissolution of the marriage has the right to maintenance, the fault in the dissolution of the marriage relationship being relevant only to limit in time the correlative right and obligation maintenance. Such an obligation is established judicially, either by the divorce judgment or by a subsequent judicial decision.

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