Dansul părinţilor şi repararea prejudiciului moral în cazul înstrăinării părinteşti
Parental dance and compensation for non-material damage in cases of parental alienation

Summary/Abstract: The legislative picture of measures centered on the alienated child is still incomplete, because Law no. 272/2004 on the protection and promotion of children’s rights, even after the amendment produced by Law no. 123/2024, does not integrate the civil liability of the parent/person who alienates the child, nor the possibility of compensation for moral damages caused to the alienated parent and the child. The lack of express regulation in this respect is made up for by the common law, which undoubtedly remains applicable, as illustrated by the crystallized judicial practice in this area. Both preventing and combating the phenomenon of parental alienation cannot be conceived outside the institution of civil liability, whether this is presented autonomously or as a civil side in criminal proceedings, without which the law risks remaining a dead letter.

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