The notion of impairment in the economic compensation due to marriage termination

Abstract

Economic compensation constitutes a right of family and patrimonial nature, recognized for the spouse under the typical supposition of article 61 of the Law of Civil Marriage, and who certifies, according to article 62 of the Law of Civil Marriage, that the divorce or the annulment declaration will cause an economic impairment. Economic impairment is the central axis of compensation. It differs from the categories of patrimonial Law and presents a complex structure, both regarding its causes and its manifestation or disclosure. The objective of the economic compensation is to remedy the disparity originated from the lack of resources due to the marriage termination, in order to avoid the materialization of a predictable future deterioration for the creditor.