THE CONDITIONS FOR GRANTING THE COMPENSATORY BENEFIT - A NEW LEGAL INSTRUMENT TO COMPENSATE THE INNOCENT SPOUSE FOR THE BREAKDOWN OF THE MARRIAGE
THE CONDITIONS FOR GRANTING THE COMPENSATORY BENEFIT - A NEW LEGAL INSTRUMENT TO COMPENSATE THE INNOCENT SPOUSE FOR THE BREAKDOWN OF THE MARRIAGE

Summary/Abstract: The provisions of the Civil Code enshrine a series of material advantages that one of the spouses can obtain upon divorce, some of which are mutually exclusive, while others can be acquired together, whether or not their granting is determined by fault in the dissolution of the marriage. Among these advantages is the right to compensation provided in art. 328 Civil Code, which applies only at the time of dissolution of the marriage, because during it, if there are relations of understanding between the spouses, none of them will claim the exploitation of this right. Its application is independent of culpa in divorce. The institution of the compensatory benefit is regulated in art. 390-art. 395 C. civil. The specialized literature specifies that the legislator, in the form of the right to compensation and/or the right to compensatory benefits, rewards the innocent divorced husband, because he is not blamed for the dissolution of the marriage, but his consort, who bears all the blame for the breakup of the marriage.1 The article aims to answer the following questions: What do we mean by the right to compensation?;What are the legal characters?;What is the purpose of the right to compensation?;What are the conditions for the right to compensation?;What are the criteria for establishing the compensatory benefit?;What is the legal regime of the compensatory benefit?;What forms can the compensatory benefit take?;How can the compensatory benefit be changed?;What guarantees do we have for the execution of the compensatory benefit in the form of an annuity? When does the compensatory benefit end?

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