Consiliul de familie în reglementarea actualului Cod civil
Council in the Regulation of the Current Civil Code

Summary/Abstract: The current Romanian Civil Code (2009), resuming provisions of the old Romanian Civil Code (1864) and, at the same time, taking over normative solutions provided by the French Civil Code (1804) and the Civil Code of the Province of Quebec (1994), in the context of the regulations devoted to the guardianship. of the child, establishes the legal regime of the „family council”. Even though in the current regulation the legal regime of the family council is given more attention (art. 124 132 C. civ.), We express reservations regarding its practical utility. We appreciate that the resurrection of a legal regime adopted in the middle of the 19th century after, without being demanded by indisputable Romanian realities, puts into question its practical purpose itself. In fact, as a matter of principle, normative constructions should address, first and foremost, the local, present and perspective social realities, without the return to the past or the taking over of other systems of law to represent itself. To the situation reported is added the relatively cumbersome procedure for setting up and functioning of the family council, contrary to the demands of the principle of celerity in taking any decision regarding the child, provided by art. 6 of Law no. 272/2004 on the protection and promotion of the rights of the child.

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