Interesul superior al copilului – fațeta neșlefuită a diamantului universal din domeniul juridic: dreptul de a căuta fericirea. Considerații privind aplicarea principiului ocrotirii „interesului superior al copilului” în procedura divorțului pe cale
The best interests of the child - the unrefined side of the universal diamond in the legal field - the right to pursue happiness. Considerations on the applicationof the "best interests of the child" principle in notarial divorce proceedings

Summary/Abstract: Respecting the best interests of the child is one of the fundamental principles of family law. Ensuring the happiness of children can be seen as the basic purpose of law, since children embody the strongest link in society, being in fact the projection of social evolution. Any attack on this essential principle is in fact a threat to happiness. And here a new actor enters the scene of family law, perhaps as important as the principle of respecting the best interests of the child, namely, the right to pursue happiness. But what are the implications of exercising this innovative right when we talk about children? At the same time, what are the scenarios, legal institutions or legal procedures in which the best interests of the child play the main role? We will try to analyze in this study the imminence of protecting the happiness and the best interests of the child in the divorce procedure, especially the notarial one, studying the central pawns around which the entire divorce procedure gravitates, namely the method of exercising parental authority, establishing the residence of the children after the divorce, the method of preserving the personal ties between the separated parent and each of the children, establishing the contribution of the parents to the expenses of raising, educating, teaching and professional training of the children, the analysis of the psychosocial investigation report that must be carried out, and last but not least the procedure of children's hearing, the best plea in favor the best interest of the child being the one supported by the person whose rights are protected by the legislator.

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