Special hypotheses becoming normality through their repeatability in the notarial divorce proceedings Cover Image

Ipoteze speciale ce devin normalitate prin repetabilitatea lor în cadrul procedurii divorțului pe cale notarialã
Special hypotheses becoming normality through their repeatability in the notarial divorce proceedings

Author(s): Oana Elena Buzincu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: Divorce in the light of the Law no. 36/1995 on Notaries Public and Notarial Activity, republished; hearing of the underage child; mandate given for filing the divorce petition;

Summary/Abstract: This study brings to the attention of legal readers and not only special situations, which sometimes you are tempted to think they become normality in the day-to-day activity of the notary public, due to their repeatability. Attention will be paid to the hypotheses found in the area of family law, more precisely in the notarial divorce proceedings by consent of the two spouses, i.e. the divorce remedy. As essential means for analysing the institution subject of this study, the provisions of the Civil Code, the Law no. 36/1995 on Notaries Public and Notarial Activity, republished, as well as other provisions applicable to the notarial activity have been taken into account.Aspects starting with the filing of the divorce petition by an attorney, the impossibility of signing it by illiterate spouses, the worth of the opposing opinion of an underage child regarding the conclusions of the social inquiry report, the enforceability of the parenting agreement in the divorce proceedings, the situation of the child conceived but not yet born on the date of settlement of the divorce petition, cases of postponement of the reflection period granted to the spouses, as well as the grounds for rejection of the divorce petition, are just some of the topics detailed in this paper.

  • Issue Year: 2018
  • Issue No: 2
  • Page Range: 214-233
  • Page Count: 15
  • Language: Romanian