CONSIDERAȚII ASUPRA DIVORȚULUI DIN CULPA EXCLUSIVÃ A SOȚULUI RECLAMANT, ÎN LIPSA CERERII RECONVENȚIONALE A PÂRÂTULUI, ÎN LUMINA CODULUI CIVIL ȘI A NOULUI COD DE PROCEDURÃ CIVILÃ

Following the entry into force of the new Romanian Civil Code (on October 1, 2011) and the new Romanian Code of Civil Procedure (which will take place on February 1, 2013), in the Romanian civil law doctrine a controversy arose in the sense that divorce exclusive fault of the defendant State (that if the respondent spouse doesn’t file a counterclaim) is admissible only by way of exception, where the reason for divorce consists of a minimum 2-year de facto separation of spouses or, on the contrary in other situations as well. After a thorough analysis, the author opts for restrictive solution, i.e. divorce for applicant spouse’s exclusive fault (if the respondent spouse doesn’t file a counterclaim) is admissible only by way of exception, where the reason for divorce consists of a minimum 2-year de facto separation of spouses.