Theoretical-practical analysis of domestic regulations of Republic of Moldova in the matter of divorce

• Published in: Journal of Social Sciences (Chişinău) (Online) Vol. 3; no. 3; pp. 121 - 133
• Main Author: BOSTAN, Ion
• Format: Journal Article
• Language: English
• Published: Technical University of Moldova 01.09.2020
• Subjects: agreement to dissolve marriage; dissolution of marriage; divorce application; divorce registration; guardianship authority; termination of marriage
• ISSN: 2587-3490; 2587-3504
• DOI: 10.5281/zenodo.3971982

The last decades brought essential changes in society in general, and in the family in particular. Family models, once so marginal to society, are becoming more widespread in our country, marital relations becoming much more unstable. Thus, from year to year, increases the number and share of divorces, children born out of wedlock, family formation and childbirth are postponed to a more mature age. Unlike Western Europe, in the former Soviet countries, including Republic of Moldova, the transformation of the family took place on the background of the socioeconomic crisis, which caused worsening the quality of life, polarization of society, unemployment, mass labour migration, worsening of population health, having a negative impact on the continuity of a large number of families. Under these conditions, many families in Republic of Moldova found themselves in survival situations, being forced to adapt their family behaviour to the constantly changing conditions, to the uncertainties that accompany their daily life. However, as in Western countries, the change of human beliefs and values, the liberalization of moral norms in the field of family and marriage, social acceptance of different behaviours had another important impact on the family behaviour of population. In this context, the main research objective that we assumed, through this research, was to undertake an analysis, theoretical and practical, of the legal provisions regarding divorce, related mainly to the domestic law system. The motivation to choose this theme was the complexity of social phenomenon of marriage dissolution and its legal consequences, but also the notable legislative changes that have taken place in our country in recent years regarding this institution. We believe that here, we can talk about a real legislative reform, given that the new regulations have achieved a significant liberalization of divorce, giving priority to "divorce-remedy", by agreement of the parties, to the detriment of "divorce-sanction", pronounced through the fault of one of the spouses.