4. Infracțiunea de abandon de familie. Disecția prevederilor art. 378 NCP
4. The crime of “family abandonment”. Analysis of art. 378 of the new criminal Code

Summary/Abstract: Family abandonment of is often seen as an alternative to an impossible divorce or a conflictual marriage, where coexistence of both spouses should be the same or worse than the very fact of their separation. With some amendments – compared to the former criminal Code – the new romanian criminal Code regulates the crime of family abandonment in the wording of art. 378. As far as we are concerned, we believe that without a detailed reading of the provisions of the new civil Code concerning the legal duty to maintain, we cannot understand exactly what this involves offense which has direct effects on family relationships; therefore, where necessary, we have also mentioned the romanian civil Code provisions relating to maintenance obligations. In other legislations as well – whether european or not – the crime of abandonment of the family takes the same form or a similar one and falls under the category of crimes against the family. In this study we analyze the provisions relating to the crime of family abandonment as contained in and regulated by the french, german, italian, senegalese, spanish and californian criminal Code.

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