Menoscabo y compensación económica. Justificación de una visión asistencial

Translated title of the contribution: Reduction and economical compensation. Justification of welfare vision

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Abstract

Economical compensation, particularly articles 61 and 62 of the Civil Marriage act, hasn't been exempt from doctrinal discussion because of its lack of clarity in its drafting, sense and approach. The doctrine has tried to elucidate its legal nature in order to interpret the cited norms. Also, the courts had been hesitant as they came from tendencies shown in strict readings of article 61 from the Civil Marriage Law as a requisite of the institutions' admissibility, towards others that center in elements that as exemplary titles mention the legislator in article 62 of the Civil Marriage Law, though dispensing article 61 of the Civil Marriage Law. However, a welfare tendency in the application of the institution is observed, coming from the tradition in family matters within the alimony institution. Economical compensation is not alimony but has elements that allow determining a welfare sense and approach from the weaker spouses' point of view.

Translated title of the contributionReduction and economical compensation. Justification of welfare vision
Original languageSpanish
Pages (from-to)85-110
Number of pages26
JournalRevista de Derecho
Volume21
Issue number2
StatePublished - 1 Dec 2008

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