Between «the civil» and «the labour»: compensatory pension, the work of women in the home and the family business
Keywords:
compensatory pension, economic imbalance, the work of women in the family business, article 97 of the Civil Code, prospective judgmentAbstract
While it is true that the economic imbalance can occur in the separation or divorce of one of the spouses and that, gives the right to obtain a compensatory pension must exist at the time of the marriage crisis, the reality with which we often find ourselves, makes us have to look to the future and not just observe the circumstances that occur at the time of the break of the marriage, so that this disproportion can be overcome. For this reason, it is necessary to make a prospective judgment of the future that foresees that the imbalance may occur at a time after the marriage crisis.