Perspective cu elemente de drept comparat asupra compensaţiei judiciare în arhitectura deciziei nr. 6 din 11 februarie 2019 a ICCJ
Perspectives with elements of comparative law on judicial compensation in the architecture of Decision no. 6 of February 11, 2019 of the Romanian High Court of Justice

Summary/Abstract: This article aims to present the perspectives, with elements of comparative law, on judicial compensation in the architecture of Decision no. 6 of February 11, 2019 pronounced by the High Court of Cassation and Justice, which recognized the possibility of the courts to compensate the maintenance obligations owed by each parent to the child who does not live with him, hypothesis that is incident when the children have been separated, compensation that operates up to the limit of the lowest amounting of them and to the extent that the compensation does not contradict the best interest of the child. In addition to analyzing local solutions, the existing regulations in French law were also evoked, the comparative approach allowing a better understanding of the institution. In the end, the vulnerability of the reasoning of the Supreme Court could be ascertained, which finally led us to the exemplary illustration of the abyss of the unknown consequences of the new vision on the institution of judicial compensation, which will open new dangers, generated by the recent mandatory unifying interpretation of practice on these legal norms.

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