Cu și despre minor în procedurile notariale
With and about a minor in notarial proceedings
Author(s): Oana Elena BuzincuSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Uniunea Juriștilor din România
Keywords: minor; child; notary public; authentication procedure; inheritance procedure; notarial divorce procedure;
Summary/Abstract: The duties of the notary public in the scope of the procedures he conducts give him the privilege of being able to be the professional closest to the social reality, to the person in front of him, finding viable solutions in accordance with the legislation on the matter to the hypotheses presented to him, making direct contact with the natural person, or adult, either a minor or a legal representative of a company.At the same time, the notary public is the one who complies with each requested procedure, successfully managing to reproduce the will of the parties involved in the documents he instruments.The professional – notary public occupies an essential role in the instrumentation of all the procedures given in his competence, being present both in moments of difficulty in the life of the natural person – minor or adult, such as the debate on the succession of a loved one or the dissolution of marriage, and in moments of stability, such as the procedure of authentication of the property acquisition deeds, the declarations of agreement of minor departure abroad, proxies, etc.Thus, the notary public manages not only to identify the legal situation but also to transpose it according to the age, capacity, personal situation of the party involved, ensuring a correlation between it and the factual situation in accordance with the legal requirements.In the content of the study, we have tried precisely these aspects to be captured and analyzed in relation to the involvement of the minor in notarial procedures, either as a party or only as a person on whom the consequences of the instrumentation of such procedures are reflected. That is why we have reproduced procedural and material aspects involving the minor in the proceedings, such as the authentication of the declarations of succession option, the marriage agreements, the agreement of the minor's departure abroad and the revocation of this agreement, etc., but also of the inheritance procedure and even the divorce procedure.
Journal: Revista „Dreptul”
- Issue Year: 2026
- Issue No: 05
- Page Range: 45-69
- Page Count: 25
- Language: Romanian
- Content File-PDF
