PRESIDENTIAL ORDINANCE - APPLICABILITY IN THE EXERCISE OF PARENTAL AUTHORITY Cover Image

ORDONANȚA PREȘEDINȚIALĂ - APLICABILIATE ÎN EXERCITAREA AUTORITĂȚII PĂRINTEȘTI
PRESIDENTIAL ORDINANCE - APPLICABILITY IN THE EXERCISE OF PARENTAL AUTHORITY

Author(s): Adriana Ștefania Stroe
Subject(s): Civil Law, Human Rights and Humanitarian Law
Published by: EDITURA ,,ACADEMICA BRÂNCUȘI”
Keywords: presidential ordinance; parental authority; best interests of the child; the guardianship court;

Summary/Abstract: This article has the importance of the procedure of the presidential ordinance in a dispute concerning the exercise of parental authority. In general, the ordinance is essential, being the most often used in the practice of the court by taking provisional measures that do not affect the judgement of the court. the appearance of the new civil code and implicitly the abrogation of the family Code, on the other hand, brought to light a new principle in the relations between parents and their children, a principle called parental authority having as general idea common custody of both parents. A pont of interest for this article is the particular situations in the judicial practice of the presidential ordinance in the field of exercising parental authority. the solutions pronounced in the guardianship courts are not unitary, thus bring to different interpretations.

  • Issue Year: 2022
  • Issue No: 1
  • Page Range: 89-106
  • Page Count: 18
  • Language: English, Romanian