Momentul de la care se poate stabili pensia de întreţinere
The moment from which child maintenance can be established

Summary/Abstract: At first glance, Article 532 of the Civil Code appears to regulate only two points in time from which maintenance obligations may be established: the moment the legal action is initiated, or an earlier moment, when the debtor prevented the filing of the legal action. However, it must be noted that the premise of this provision is the debtor’s failure to fulfill the maintenance obligation up to the moment the legal action is filed. Additionally, in the case of legal maintenance owed to descendants, it also considers the fact that the creditor’s residence did not coincide with the debtor’s residence. Therefore, it is necessary to determine to what extent the maintenance obligation can still be established from a moment after the court has been notified—specifically, when at the time of notification or during the proceedings, the creditor’s residence was with the debtor. To address this issue, one must consider both the dynamics of family relationships and the legal norms governing these dynamics.

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