The Paternal Role in the Vision of European Judges and the Impact of their Decisions on the Romanian Jurisprudence Cover Image

Rolul patern în viziunea judecătorilor europeni și impactul deciziilor acestora asupra jurisprudenței române
The Paternal Role in the Vision of European Judges and the Impact of their Decisions on the Romanian Jurisprudence

Author(s): Ana-Maria Goldan
Subject(s): Civil Law, Philosophy of Law
Published by: Editura Universităţii »Alexandru Ioan Cuza« din Iaşi
Keywords: paternal role; mother; the refuse to procreate; parental authority;

Summary/Abstract: According to the current European legislation, every child has the right to maintain a personal relationship with both parents. As such, regarding its decisions, the court will not be influenced by the contrary feelings of the parents, but will take into account the respect of the best interests for the child. In this article we will analyze the decisions of the European courts, which concern the position of the father towards his child. At the same time, we will notice that, in some specialized studies, the historical role of the father is reversed, in the sense that the mother will be the person who will control the life of the children. This will lead us to the following question: How far can mothers go in terms of the legal involvement of fathers in the child's life? Through this study, we will consider the impact that the decisions taken by the European courts have had or will have in the Romania's judicial system.

  • Issue Year: LXVI/2020
  • Issue No: 2
  • Page Range: 211-226
  • Page Count: 16
  • Language: Romanian