Executarea silită a dreptului de a avea legături personale cu minorul. Iluzie sau realitate?
Enforcement of the right to have personal connection with the minor child. Illusion or reality?
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: forced execution; personal contacts; child; penalties; bailiff; refusal; opposition;
Summary/Abstract: The paper aims to analyze, in a relatively exhaustive way, the enforcement proceedings that are incident when it comes to force execution of the right of a parent to have personal contacts with her child. In this regard, after a brief review of the normative framework applicable to the contact right, its particularities and place in the complex matrix of family relations, the paper further focuses on the essence of the topic: the enforcement proceedings of such a right, by analyzing both the common aspects related to force execution in this domain and the elements that distinguish it. On this line, the paper addresses aspects such as the parties in the enforcement proceedings, the rights and obligations of the parties and the special forms in which the non execution can materialize. Furthermore, the paper details how forced execution takes place and the implications of the two hypotheses of non execution: the debtor’s opposition and the minor’s refusal. In the end, the paper outlines the mechanisms the creditor can use in order achieve her right if the non execution is the consequence of the debtor’s fault.
- Issue Year: 2019
- Issue No: 1-2
- Page Range: 377-426
- Page Count: 50
- Language: Romanian