The child's word in judicial proceedings and in forced execution Cover Image
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Cuvântul copilului în procedurile judiciare și în executarea silită
The child's word in judicial proceedings and in forced execution

Author(s): Sevastian Cercel, Oana Ghiță
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: child's opinion; forced execution; minor's interest; divorce; listening; penalties;

Summary/Abstract: The present study aims to analyze through legal arguments the efficiency of the child's word according to the legal framework of Romanian civil law. Listening to the child does not make of him a part of the process. This procedure is a simple judicial measure: the child's choices are not mandatory for the judge. The procedure of listening to the child reflects the expression of his personal, direct and concrete interest, patrimonial or non patrimonial, which may concern the exercise of parental authority in the divorce procedure or, in general, the disagreements between parents regarding the education of the child or other litigations concerning the child during the forced execution.

  • Issue Year: 2020
  • Issue No: 1
  • Page Range: 11-27
  • Page Count: 17
  • Language: Romanian