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 IonescuSubject(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.
Journal: Analele Universității de Vest din Timișoara - Seria Drept
- Issue Year: 2023
- Issue No: 2
- Page Range: 215-233
- Page Count: 18
- Language: Romanian
