Când dansul rămâne fără muzică: despăgubiri şi compensaţii între foştii soţi
When the dance runs out of music: damages and compensation between ex-spouses

Summary/Abstract: Legally transposing the metaphor of the title, inspired by the theme of the National Conference on Civil Law – 2024, the starting point of the present study is the context of divorce, after which the former spouses must continue their collaboration on two levels: in respect of property acquired during the matrimonial property regime, on the one hand, and in the exercise of parental authority, on the other. Obviously, treating the issue of marital equilibrium from the perspective of the amounts that the ex-spouses might owe each other, only the first hypothesis is to be analyzed. The starting point is Article 356 of the Civil Code, according to which, if the regime of community of property ceases by the dissolution of the marriage, the former spouses remain joint owners of the common property until the determination of their respective shares, but also the principle of co-determination, which also applies to the conventional regimes applicable to the legal acts concluded by the spouses within the postmarital community. This form of community, frozen at the time of the divorce petition, was considered a transitional property status, a relic of marriage. In other words, during the marriage there is harmony, music plays in the background, but after the separation, the dance must continue, in its absence, with the inherent difficulties and with the intervention of the legislator himself, by providing reparation mechanisms such as the right to compensation, compensatory benefits, the right to compensation.

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