2021

Flavius Antoniu BAIAS, Professor, Ph.D., Faculty of Law, University of Bucharest; Stela STOICESCU, Assistant Professor, Ph.D., Faculty of Law, University of Bucharest; Compensatory Payment in the Romanian Civil Code

DOI:https://www.doi.org/10.31178/AUBD.2021.12

Abstract: This paper aims to outline the legal framework governing compensatory payments, with reference to the legislative framework, the sources of inspiration for the regulations, and current national case law on the subject, which—through the significant number of cases resolved since the Civil Code entered into force—demonstrates the social utility of this legal institution. Based on the case law examples provided, the authors analyze the legal nature of compensatory payments by distinguishing them from similar legal institutions—such as the obligation of spousal support between former spouses or the right to damages—as well as the conditions for granting such payments, the criteria for determining, modifying, or terminating them, and the substantive and procedural legal challenges raised by the resolution of disputes of this type.

Keywords: compensatory allowance, divorce, fault, living conditions.