The child’s higher interest versus public order of private international law. Authority of European Court of Human Rights Judgments Cover Image
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Interesul superior al copilului versus ordinea publică de drept internaţional privat. Autoritatea hotărârilor Curţii Europene a Drepturilor Omului
The child’s higher interest versus public order of private international law. Authority of European Court of Human Rights Judgments

Author(s): Ioan Chelaru
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law, Public Law
Published by: Universul Juridic
Keywords: best interests of the child; surrogacy; private law public order; surrogate mother; filiation;

Summary/Abstract: This study starts from Cases Manneson and Labassé versus France and refers to two current concepts: The best interests of the child and the public order of private law, by interpreting the arguments of the European Court of Human Rights in conjunction with those of national doctrine and case law. Certainly, both with regard to the best interests of the child and to the recognition of the effects of surrogacy, carried out abroad, the solutions pronounced by the national judge will not be able to circumvent the decisions of the Strasbourg Court.

  • Issue Year: 2021
  • Issue No: 4
  • Page Range: 11-21
  • Page Count: 11
  • Language: Romanian