The problem of financial compensation between spouses

Abstract

The objective of the investigation was to determine if the Código Civil y Comercial de la Nación’s differentiated treatment and regulation of the formal requirements which enable the request for compensation between spouses and those that enable the request for compensation between domestic partners constitutes an objective and reasonable distinction or if, on the contrary, it violates the principle of equality for spouses. For this purpose, it was necessary to examine the purpose of compensation, how it is regulated in Comparative Law, the constitutional and conventional elements on which compensation is based, and the various circumstances of particular cases of compensation that occur in everyday life.