2021
Flavius Antoniu BAIAS, Professor, Faculty of Law, University of Bucharest, Stela STOICESCU, Assistant professor, Faculty of Law, University of Bucharest, The compensatory payment according to the Romanian Civil Code
DOI: https://www.doi.org/10.31178/AUBD.2021.12
Abstract: This study aims to describe the legal regime of the
compensatory payment, with reference to the legislative framework, the sources
of inspiration of the regulation, as well as to the current national case-law
in this matter, which confirms, by the large number of cases solved after the
entry into force of the Civil Code, the social utility of this legal institution.
On the basis of the case law examples provided, the authors analyze the legal
nature of the compensatory allowance by distinguishing it from similar
institutions – the maintenance obligation between ex-spouses or the right to
compensation – the conditions to be fulfilled when granting compensatory
payment, the criteria used to impose, modify or terminate the obligation, and
the substantive and procedural law difficulties of these disputes.
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