Right to Compensation of the Spouse who is Innocent of the Dissolution of Marriage in Romanian Civil Law
Keywords:marriage, dissolution of marriage, fault, guilty spouse, moral damage, compensation
AbstractIn Romanian Civil Law, once a marriage is dissolved due to the fault of one of the spouses, the spouse who is innocent of the event is entitled to compensation and the spouse who suffers material or moral damage can claim compensation from the guilty spouse. The right to granting compensation is a form of tort liability and, as will be shown in the course of our study, in order for such a claim to be admissible, several conditions must be met cumulatively: the divorce must have been pronounced solely due to the fault of the spouse from whom compensation is sought; the claimant spouse must have suffered damage as a result of the dissolution of the marriage; the damage must be certain, determined or determinable, unrepaired, and closely connected with the dissolution of the marriage. The application for granting compensation is settled by the guardianship court in the divorce judgment, the text of the law being mandatory in this respect.
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