Consideraţii cu privire la termenul de reflecţie de 30 de zile incident în cazul divorţului extrajudiciar
Considerations regarding the 30-day reflection period applicable in the case of extrajudicial divorce

Summary/Abstract: In matter of extrajudicial divorce by mutual agreement, the legislator has regulated a special 30 day reflection period during which the spouses are expected to reconsider their decision. The 30 day term has generated a significant controversy, particularly in notarial practice. This paper aims to analyze some of these dilemmas, especially the extent to which a reflection period longer than 30 days can be granted. We will present arguments supporting the view that this period is not of a substantial nature, but rather a procedural, prohibitive, legal, and strict one. In the following section, we will state the reasons why, considering such qualifications, a longer than 30 days reflection period may be granted. Another important conclusion is that, based on the provisions of Article 376, third paragraph of the Civil Code, one should not infer that verifying the spouses’ persistence in the divorce and their agreement validity should automatically occur take on the date the reflection term ends.

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