Ipoteze atipice în procedura decăderii din exerciţiul drepturilor părinteşti
Atypical scenarios in the procedure for the deprivation of the exercise of parental rights

Summary/Abstract: The deprivation of the exercise of parental rights is a complex and cross cutting institution. Although its primary legal framework is set out in the Civil Code (Articles 508 512), much like the tentacles of an octopus, it extends into multiple areas of law, some of them rather unusual, such as administrative litigation. This article examines, from both a theoretical and a practical perspective, certain atypical scenarios within the procedure for the deprivation of the exercise of parental rights, starting from the premise that, de lege lata, local public authorities enjoy exceptional legal standing to refer a request for deprivation to the guardianship and family court, as well as specific obligations laid down by Law No. 272/2004 which, if improperly fulfilled, may give rise to litigation where the individual concerned is dissatisfied with the manner in which those authorities addressed the referral and conducted the administrative investigation.

• Details
• Contents