Analysis of the absolute nullity of adoption by breach of the right to family life. The Decision of the European Court
of Human Rights in the case of Zaieţ versus Romania Cover Image
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Analiza nulităţii absolute a adopţiei prin prisma încălcării dreptului la viaţă de familie. Hotărârea Curţii Europene a Drepturilor Omului în cauza Zaieţ împotriva României
Analysis of the absolute nullity of adoption by breach of the right to family life. The Decision of the European Court of Human Rights in the case of Zaieţ versus Romania

Author(s): Ioana Nicolae, Georgeta-Bianca Spîrchez
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: fictitious adoption; absolute nullity; right to privacy and family life;

Summary/Abstract: This study is focused on the issue of fictitious adoption, and is intended to provide examples of the domestic case law regarding the termination of the adoption relationship concluded for other purpose than the purpose of protecting the best interest of the child. At the same time, as a limitation of the adoption termination, we will focus on another case pending before the European Court of Human Rights – case Zaieţ vs. Romania –, following the reasoning of the European contentious court, which found an interference with the family life of the adopted person as a consequence of ruling on the absolute nullity of his or her adoption by our national courts.

  • Issue Year: 2018
  • Issue No: 03
  • Page Range: 333-339
  • Page Count: 7
  • Language: Romanian