Some aspects on parental protection in the current Romanian Civil Code Cover Image

Unele aspecte privind ocrotirea părintească în Codul civil român actual
Some aspects on parental protection in the current Romanian Civil Code

Author(s): Cristina Cojocaru Borovina
Subject(s): Law, Constitution, Jurisprudence
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: new Civil Code; international law; European family law; parental authority.

Summary/Abstract: The new Civil Code has come to meet the diversification and complexity of social relationships, the growing interference between economic and social life in Romania and the one in Europe and in the world and not least the connection in a greater extent of the Romanian law to the European law. The issues which could occur, given precisely such interconnection with the European law, are those which give rise to issues of civil law enforcement in space, especially when the question would be the application of the Romanian civil law or the foreign civil law, and one of the typical situations in this respect is the law governing parental authority when spouses have different nationalities and misunderstandings arise between them regarding parental authority. Our analysis starts from a hypothetical case, but which may occur in fact, namely the intention of the parent in whose favour was handed down the custody ruling concerning the child, to move in another state together with the child, without having the agreement of the other parent in this respect.

  • Issue Year: 3/2013
  • Issue No: 05
  • Page Range: 40-47
  • Page Count: 8
  • Language: English