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Increased compensation to the former couple for their double dedication to family and work

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Increased compensation to the former couple for their double dedication to family and work

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In the process of extinction of the pair of existing fact in their day between litigants, the Court of First Instance found that there was no place to establish a financial compensation for reasons of work and dedication to the family in favor of the appellant. Conversely, the Provincial Court of Barcelona declared itself came recognition, which is confirmed by the Supreme Court of Catalonia in judgment 56/2018, of 21 de junio(Recurso 118/2017) but it increases the amount of that compensation.

Financial compensation for reasons of work is based on the imbalance that occurs between the economies of both cohabitants by the fact that one of them develops a task that does not generate accumulative surplus and the other make another generates yes.

It is budget to recognize such compensation that one of the partners have worked for the home substantially more than the other or that have worked for other unpaid or one that is inadequate and that at the time of the extinction of the coexistence have occurred or accumulated surpluses generated in the heritage of one of the spouses or partners.

Por tanto, it must have been produced or generated in the debtor's surplus on its initial assets, It is indifferent that there is no direct correlation between the work of one of the partners in the family home and other business and economic gains made by the other.

In this course the family consisted of four daughters, the duration of cohabitation was 22 years and there is no question that the appellant had substantially devoted to family care and travel home by performing the appeal.

Also, It is recognized the work that had been done in one of the companies sued, from which plaintiff holds a small percentage of its share capital and the rest defendant, with insufficient salary during most of the time despite the long period of dedication.

In conclusion, appropriate to recognize the compensation on account of work who has worked substantially more than the other for the house and also in other business partner with insufficient compensation, since both factors should increase the compensation and not reduce it to not underestimate the greatest effort made by one of the cohabitants for the proper functioning of the family, both personally and on economic.

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