Decăderea din exerciţiul drepturilor părinteşti. Calitate procesuală activă. Autoritatea tutelară. Constituţionalitate
Disqualification from parental rights. Locus standi. Guardianship authority. Constitutionality
Author(s): Bogdan Dumitru MolomanSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: guardianship authority; procedural standing; parental rights; conflict;
Summary/Abstract: The criticized legal provision (Article 508 of the Civil Code) establishes that only the guardianship authority has active procedural standing to request the deprivation of parental rights if the child's life, health, or physical development is endangered by explicitly stated means. The guardianship authority is intended to act as a balancing factor in situations where there is severe conflict between parents, leading to divorce. In such cases, parents may use legal means to harass each other, even disputing child-related matters, which superficially appear to be in the child's interest.
Journal: Revista de dreptul familiei
- Issue Year: 2024
- Issue No: 01
- Page Range: 385-388
- Page Count: 4
- Language: Romanian
- Content File-PDF
