Judgmentary procedures and the need for adaptating the applicable legal rules within the context of the present day social reality Cover Image

Procedura punerii sub interdicție judecătorească și necesitatea adaptării normelor legale aplicabile în contextul realității sociale actuale
Judgmentary procedures and the need for adaptating the applicable legal rules within the context of the present day social reality

Author(s): Elena Tania Năvodariu
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Universităţii George Bacovia din Bacău România
Keywords: banning; guardianship; curatorship; social protection

Summary/Abstract: In a constantly changing society, legislation needs to be adapted to the needs of its members, so that the new regulation provides real and effective protection to all vulnerable groups of people. The procedure for putting a court ban as provided in the new Civil Code and the new Civil Procedure Code was taken from the 1953 Family Code and Decree no. 32/1954. It is obvious that particular attention has not been paid to this rule, while contradictory aspects remain in the establishment of the judicial banship procedure, conditionality conditional on binding elements which restrict its applicability and cause certain categories of persons to remain unprotected. The competent authorities have no legal provisions to apply to prevent the commission of anti-social acts that result in the enrichment of some people at the expense of the impoverishment of others. It is necessary to modify the conditions for imposing a ban or to regulate a new measure for the protection of natural persons who are temporarily unable to take care of their interests.

  • Issue Year: VI/2017
  • Issue No: 2
  • Page Range: 529-540
  • Page Count: 12
  • Language: English, Romanian