Protection of juveniles’ rights by means of guardianship and trusteeship as provided by the new Civil Code Cover Image

Protecția drepturilor minorului prin tutelă și curatelă conform dispozițiilor noului cod civil
Protection of juveniles’ rights by means of guardianship and trusteeship as provided by the new Civil Code

Author(s): Ion Popescu-Slaniceanu, Cosmin Ionut Enescu
Subject(s): Civil Law, Human Rights and Humanitarian Law
Published by: Institutul Român pentru Drepturile Omului
Keywords: human rights; rights of juveniles; new Civil Code; guardianship; trusteeship; family court; family council;

Summary/Abstract: The means to defend, guarantee, and provide the respect of human rights at national level, and local level as well, come from the national legislative system, that is, the State's domestic norms. Protection of the human being is one of the fundamental purposes of the Romanian legal system, each branch of law having its own ways and methods to achieve this purpose. In principle, as an expression of the full equality between men and women, the parental rights and duties related to the person and the assets as well as the protection of the juvenile are exercised in common by both parents. Nevertheless, there are situations when protection of the juvenile can be achieved, according to the new Civil Code, by instituting the guardianship or the trusteeship, by providing a placement or, as the case may be, by other special protection measures expressly provided by the law.

  • Issue Year: 2011
  • Issue No: 2
  • Page Range: 5-14
  • Page Count: 10
  • Language: Romanian