Some Remarks on the Nature of Social Inquiry in Juvenile Trials Cover Image

Unele observații privind caracterul anchetei sociale în procesele cu minori
Some Remarks on the Nature of Social Inquiry in Juvenile Trials

Author(s): Georgeta Creţu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: means of proof; social investigation; judicial practice; guardianship autority;
Summary/Abstract: In the present study, we try to answer the question of whether or not the social investigation, in proceedings with minors, is a means of proof, given that Article 374 of the Civil Code on divorce by consent of the spouses does not mention the investigation. social, the only obligation mentioned in the court being to verify the existence of free and untainted consent of each spouse. we also show that the only clear mention of the obligatory social investigation in the civil code is found in article 375 par. (2), which explicitly mentions the manner in which the divorce is established by the agreement of the parties by the notary public. In conclusion, we show that the social investigation is a means of proof and the only institution expressly provided by the legislator to request a social investigation report for divorce by agreement is the court.