Theoretical and practical aspects
on guilt in marriage dissolution Cover Image

Aspecte teoretice și practice privind culpa în desfacerea căsătoriei
Theoretical and practical aspects on guilt in marriage dissolution

Author(s): Alina Doina Tanase
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: divorce; administrative procedure; notary public procedure; fault divorce; de facto separation; divorce decree

Summary/Abstract: The new Civil Code brings upona new perspective on the institution of divorce, establishing three types of divorce procedures. Thus, the spouses may end their marriage by way of an administrative procedure or in front of a notary public, in case of mutual consent, or by way of a judicial procedure, when they address directly the competent court. This paper aims at presenting the cases in which the divorce is grounded on the fault of the spouses (the fault divorce cases), the manner in which such cases are regulated within the new Civil Code and some practical issues regarding the role of fault in divorce proceedings.

  • Issue Year: 2016
  • Issue No: 1
  • Page Range: 147-161
  • Page Count: 10
  • Language: Romanian