Considerations regarding parental authority in Romanian private international law
Considerations regarding parental authority in Romanian private international law
Author(s): Daniel Berlingher, Cosmina Flavia Şofrag (Bobar)Subject(s): Law, Constitution, Jurisprudence
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: parental authority; conflict of laws; protection measures; parental responsibility
Summary/Abstract: Parental authority is the entirety of rights and obligations concerning both the person and the property of the child and belongs equally to both parents. In Romanian private international law, parental authority is governed by art. 2611 of the Romanian Civil Code. This legal provision is a reference rule which establishes that the law applicable to parental authority and children’s protection is determined under the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children, adopted in Hague on 19 October 1996. This convention is part of the complex process of aligning the Romanian legislation to EU regulations. For an overview of relevant legal regulations addressed by the Convention, in the present study we analyzed the main issues referring to the domain of application of the Convention, the law applicable to child protection measures, parental responsibility, and the recognition and enforcement of measures regarding parental responsibility and child protection.
Journal: Tribuna Juridică
- Issue Year: 5/2015
- Issue No: 09
- Page Range: 130-139
- Page Count: 10