REFLECȚII PARTICULARE ASUPRA COMPETENȚEI JUDICIARE ÎN MATERIA RAPORTURILOR DE FAMILIE
PARTICULAR CONSIDERATIONS ON JUDICIAL COMPETENCE IN THE MATTER OF FAMILY RELATIONS

Author(s): Ioan LEȘ
Subject(s): Adult Education, Administrative Law
Published by: Editura Pro Universitaria
Keywords: guardianship; material competence; territorial competence; domicile; guardianship court;
Summary/Abstract: This survey is circumstantial to the jurisdiction of the courts. In the first part of thepaper, some general issues are reviewed on the innovations promoted by the NewCivil Proceedings Code (NCPC), which introduced the judicial category of theguardianship court. It was noted that at the time of the adoption of the NCPC, such avision could be considered a questionable one, since the duties of protecting minorsand other persons were carried out under the terms of greater celerity by theguardianship authority. It is also noted that the guardianship court is currently only astructure of a judicial body (judiciary), and not a specialized court.A broader analysis is dedicated to the material and territorial jurisdiction of theguardianship court. Material jurisdiction refers to cases strictly determined by the CivilCode and aimed at protecting minors or other categories of persons. All these situationsare of strict interpretation. As far as this territorial competence is concerned, it isderogatory to the common law, a circumstance fully justified in relation to thesituations that require the protection of a natural person. The norms of territorialjurisdiction in the Civil Code in matters of guardianship are also mentioned.In the current circumstances, where we are witnessing an unprecedented recrudescenceof the agreements of some minors (physical violence, physical aggression, etc.) theauthor of the court case by law of a guardianship institution can contribute to a betterprotection a minor.

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