BUVUSIŲ SUTUOKTINIŲ MATERIALINIO IŠLAIKYMO TEISINIS REGLAMENTAVIMAS LIETUVOJE IR VOKIETIJOJE: LYGINAMOJI ANALIZĖ
LEGAL REGULATION OF MATERIAL MAINTENANCE OF FORMER SPOUSES IN LITHUANIA AND GERMANY: COMPARATIVE ANALYSIS

Summary/Abstract: Both Article 3.72 of the Civil Code of the Republic of Lithuania and the German BGB (German: Bürgerliches Gesetzbuch, abbreviated - BGB) regulate mutual material maintenance between former spouses. This article analyzes Article 3.72 of the Civil Code of the Republic of Lithuania and the norms of the BGB regulating the obligation of spouses to support each other materially, and provides examples of the interpretation and application of legal norms formed in court practice. It should be noted that Lithuanian judicial practice on the issue under consideration is not particularly extensive, courts are nevertheless slow to satisfy claims for maintenance for a former spouse, and court decisions are essentially based on the general principles and grounds for the necessity of material maintenance for spouses, and this practice has not changed substantially over the years. It is believed that the analysis of the rules for the interpretation and application of legal norms regarding the necessity of spousal maintenance formed in German judicial practice will provide an opportunity to evaluate this institute from a different perspective and will create the prerequisites for a broader and more frequent applicability of Article 3.72 of the Civil Code of the Republic of Lithuania in national law when examining cases of this type.

• Details
• Contents