03/10/2021 12:29
Clarín.com
Society
Updated 03/10/2021 2:41 PM
In a novel ruling, the Justice of Rosario ordered a man to pay
financial compensation
to his ex-partner for the
domestic tasks
that she carried out while they lived together.
The head of the Civil and Commercial Court 14 of Rosario, Marcelo Quaglia, argued that the man was able to
"increase his assets"
during their relationship, and spoke of the
"economic value"
of the daily chores that the woman did while he was working.
The ruling considers that domestic work in a relationship should be valued in economic terms.
As reported by the
Rosario3
site
, the defendant (42 years old) must pay him
25 percent of the market value of the house and the car
acquired during the relationship, between 2010 and 2017. The judge rejected the division by 50% because he did not It is contemplated in the Civil Code for the coexistence union, although it is for the division of assets of a marriage.
"There is no doubt that the young woman made
concrete and direct contributions
in the repair, conditioning and improvement of the property, and that she also collaborated through the provision of indirect economic contributions from the tasks that she carried out at home and work in his father's business, regardless of whether it was remunerated, "says the judgment in the first instance.
The lawsuit was initiated by a 32-year-old woman
who
filed
a claim for "division of assets, economic compensation and / or enrichment without cause", after their separation in April 2017.
In this regard, the lawyer for the complainant, María Belén Marzetti, explained: "The organized home allowed this man to work calmly and increase his assets. He came home after a day's work and found the
house clean and the purchases made
, everything that contributed to their well-being. "
In dialogue with the
Radiopolis
program
, the lawyer added that the man has already filed the appeal.
Refuses to pay.
"He does not want to pay anything, he denies that my client has made contributions in money, although she did
acknowledge that she was engaged in housework
, taking away all value," he concluded.
Consulted by
Clarín
, Marisa Herrera, researcher at Conicet and specialist in Family Law at the UBA, explained that the ruling is novel because of the way in which the conflict is resolved: focused on the
obligatory gender perspective
.
"It happens that the figure of economic compensation does not apply, which would be the classic figure that tends to respond to cases in which women stopped moving up in their professional career or studying or left a job in pursuit of family and care of the children ", details the expert.
In this case, this figure was not made, because it is a woman who did not leave her professional training and was not left in charge of caring for the children.
"So? And the gender perspective? Here is the novelty of the proposal that the Rosario judge resolved: to delve into a classic figure of Civil Law such as
'enrichment without cause'
", Herrera continues.
Precisely, as the decision on how to legally face the conflict is novel, the judge considers that the quantification guidelines provided for in the Civil and Commercial Code for economic compensation should be taken as a basis, although this time
this figure does not apply
, but another .
It is interesting to note that in this case - the specialist cites the ruling -: "The plaintiff lacked property at the beginning of the relationship, a situation that did not change at any time. Regarding the defendant, it is clear that he had a vehicle, the model of which was changing , accessing a pledge credit for this purpose. Likewise, in relation to the property over which he currently holds possession, beyond the evidentiary difficulty in order to prove whether it was acquired prior to the beginning of the cohabitation or not (. ..) It is evident that during the course of the same it was notoriously improved and conditioned, and it can also be inferred (given the acquisition date) that
his purchase was due to a common project
, a clear and conducive indication that is not affected by any element that has contributed to the cause. "
"It is this
enrichment without cause
that is intended to be compensated on this occasion. Hence, the case is of legal interest: how has the judge solved it by appealing to another figure instead of financial compensation", closes Marisa Herrera .
LGP
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