6. Scurte considerațiuni privind dreptul la despăgubiri în caz de divorț, potrivit art. 388 NCC
6. Brief considerations regarding the right to damage in case of divorce, according to art. 388 NCC

Summary/Abstract: The creative power of the civil legislator of the year 2009 pregnantly manifested by the emergence of certain new legislative items. As an absolute novelty, the right to damage in case of divorce, the institution which represents the main element in this study, is also emphasized in the content of the new civil Code. The new civil Code, having as its benchmark the provisions of the art. 266 of the french civil Code prior to the amendments made in the year 2004, regulates in the content of the art. 388, the right of the spouse not being guilty for the disaggregation of marriage, to receive damage for the prejudices caused by the respective dissolution. The romanian legislator expressly provides the fact that, for the purpose of granting the compensations, the prejudice has to be caused by the dissolution of marriage, however, it does not regulate the nature of the prejudice in an exhaustive manner, conferring the opportunity of the doctrine, but also of the legal practice to adjust this aspect depending on the factual circumstances of the case on examination/trial. As detailed herein, this prejudice could be: material, moral or patrimonial.

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