Unconstitutionality of the legal provision on divorce after a separation of at least 2 years

Abstract: The cornerstone of a fair trial is the requirement that both parties should benefit of the same terms. From this perspective, there aren’t any rational or solid reasons that would justify the difference of treatment between the plaintiff and the defendant in a divorce settled according to the provisions of article 373 letter c) of the Civil Code. Therefore, the provisions of article 379 – paragraph 2 of the Civil Code and of article 934 of the Civil Procedure Code are contrary to the provisions of Romania’s Constitution.


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