Some practical considerations on the presumption of equal contribution of spouses Cover Image

Câteva consideraţii de ordin practic asupra prezumţiei egalităţii contributive a soţilor
Some practical considerations on the presumption of equal contribution of spouses

Author(s): Bogdan Ionescu
Subject(s): Civil Law
Published by: Universul Juridic
Keywords: presumption; legal community; spouses; equality; shares; probation;

Summary/Abstract: The present article aims (within the related limits) to offer some mainly practical opinions on the presumption found in art. 357 § (2) of the Romanian Civil Code. We hope that our publishing effort will be especially useful to legal practitioners, a fortiori as we have identified in jurisprudence not only a certain randomness in application, but also some superficiality in the treatment of the presumption per general. Among the possible causes of such negative situations, we will evoke here only (perhaps) a less obvious one. The presumption in question appears prima facie simple, easy, elementary. In reality, it hides quite a few legal refinements and subtleties, which will inevitably escape the interpreter in the absence of a thorough investigation.

  • Issue Year: 2023
  • Issue No: 2
  • Page Range: 215-233
  • Page Count: 18
  • Language: Romanian
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