UNELE OBSERVAŢII PRIVIND DESPĂGUBIRILE ÎN CAZ DE DIVORŢ CONFORM ART. 388 DIN NOUL COD CIVIL
REMARKS REGARDING DIVORCE DAMAGES ACCORDING TO ART. 388 OF THE NEW CIVIL CODE

Summary/Abstract: Remarks Regarding Divorce Damages According to art. 388 of the New Civil Code. Article 388 of the New Civil Code specifically provides, for the first time in our civil legislation, the award of damages to the innocent spouse in case of divorce. The inspiration for this new provision is the French Civil Code which has provided for this sort of damages since 1941 on the basis of previous case law. This new legislation is not without its challenges because the special divorce damages must be required during the divorce procedure for damaging consequences that would be fully known only after the divorce is final. Like so many times in the last two centuries, many lessons can be learned from the French experience, bearing in mind the differences which have arisen since the 2004 restrictive revision of article 266 of the French Civil Code and the more generous provisions of the French divorce compensatory award. The common torts law is still to be considered in the case of divorce either as the general framework for all tort damages or as a complementary ground for damage awards for cases where the special provisions do not apply.

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