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Luiza-Cristina GAVRILESCU: The conditions of granting damages and compensatory benefits as a result of divorce

Abstract: The new Civil Code allows that the spouse guilty of divorce could be obliged to pay certain damages, as well as compensatory benefits, in the favor of the innocent spouse. An order to pay damages after divorce can be issued providing that the constitutive elements of liability, with certain specific peculiarities, are met. Recognition the right to compensatory benefit aims to cover a significant imbalance, which had been created in the living conditions of the innocent spouse, as a result of the dissolution of a marriage that lasted at least 20 years. It can be considered that the compensatory benefits cover the prejudice caused by the divorce itself, while the special damages compensate the prejudice caused by the circumstances of the divorce.

Keywords: damages, compensatory benefits, guilty, divorce


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