Some reflections concerning the regulation of the exercise of the parental authority in the new Civil Code Cover Image
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Unele reflecții privind reglementarea exercitării autorității părintești în noul Cod civil
Some reflections concerning the regulation of the exercise of the parental authority in the new Civil Code

Author(s): Nora Daghie
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: new Civil Code; parental authority; higher interest of the child; principle of shared parental authority; principle of respect due to the other parent; splitting of parental authority – exception.

Summary/Abstract: The higher interest of the child is the only finality of the actions of parents and the only criterion that justifies the intervention of the State in the relations between parents and children. In the new Civil Code the main concern of the Romanian legislator is to detension the relationships between spouses and their minor children, recognizing that the higher interest of the children is, first of all, that of being affected to the smallest extent by the effects of the parents’ divorce, thus allowing both divorced spouses to exercise their parental authority. By reference to the previous regulation – the Family Code, it is a radically different vision, „a true revolution in the field”, „a modern solution” according to which, after the divorce, the parental authority is not split up between the parents, but they exercise it together, as recommended by Article 18 paragraph 1 of the Convention on the Rights of the Child.The new Civil Code has established the principle of shared parental authority in order to allow the parents to continue to be, despite their separation, partners in a proactive and effective manner in all important decisions relative to the health, education, training and recreation of their common children, a principle that becomes thus an ideal to be achieved.This study analyzes these aspects.

  • Issue Year: 2014
  • Issue No: 03
  • Page Range: 55-66
  • Page Count: 11
  • Language: Romanian