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The Acceptations of the Notion of Family from 1918 to the present

Accepțiunile noțiunii de familie din anul 1918 și până în prezent

Author(s): Mihaela-Gabriela Berindei / Language(s): Romanian / Publication Year: 0

Keywords: famille; mariage; famille de fait; famille de droit; centenar.

Dans le contexte de l'anniversaire du centenaire de la Grande Union, nous avons proposé d'analyser les acceptations de la notion de famille à partir du sens sociologique et étymologique du mot, mais aussi d'un point de vue juridique, dès les premiers actes normatifs qui ont marqué leur empreintes sur les relations familiales à travers notre pays dans le siècle qui a suivi l'année mémorable de 1918.

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Applications of the autonomy of will in the family private international law

Aplicaţii ale autonomiei de voinţă în dreptul internaţional privat al familiei

Author(s): Călina Jugastru / Language(s): Romanian / Issue: 03/2018

Keywords: parties’ will; legal relationships with a foreign element; conflicts of laws; conflicts of jurisdictions; marriage; matrimonial property regime; international divorce;

Autonomy of the will is present not only in the conflicts of law, but also in the conflicts of jurisdictions. The relationship of the private international law with the autonomy of the will is special. The latter accomplishes it as the law of private individuals, conferring flexibility on it (in terms of ranking the connecting points in the structure of the conflict rules) and increasing its attractiveness, by encouraging the development of the cross-border legal relationships. The function of the parties’ will is visible I many different areas with a foreign element. The family private international law is, par excellence, a field where the parties’ will has significant consequences, both from the perspective of national regulations and in the context of the Union law. Marriage is the primary source of the matrimonial property regime, the choice of which is at the parties’ disposal. These may designate the law applicable to the matrimonial regime, may amend it, and in case of any dispute, may refer to the choice of forum. The European law of matrimonial property regimes also establishes lex voluntatis in the designation of the applicable law. The dissolution of marriage shall be governed, in the new regulation of the Romanian law (according to the model of the EU law, by the parties’ autonomy in choosing the applicable law. The consolidated form of cooperation [Regulation (EU) no. 1259/2010] provides that, where the spouses have not made any choice as to the law applicable to divorce, the objective determination goes into action, for which the connection points indicated in the legal text are used.

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MODERNIZING THE INSURANCE LAW IN THE LIGHT OF THE NEW SUPERVISION SYSTEM SOLVENCY II

Author(s): Răducu Marian Petrescu / Language(s): English / Issue: III/2015

Keywords: insurance law; insurers/re-insurers; solvency regime; capital requirement; risk management; governance system;

The article presents the way in which the system Solvency II radically changes the philosophy of the supervision act by introducing a system based on the assessment of internal and external risks, to which insurance and/or re-insurance companies are exposed. Directive Solvency II represents the new European regulatory system which will govern insurance capital requirements of insurers or re-insurers, by introducing an economic risk-based approach. Solvency II is based on three pillars which relate to quantitative and quality requirements, as well as reporting requirements and dissemination of the information. The article presents the way in which the first so called Lamfalussy Directive in the insurance sector will be transposed into national legislation, by analyzing the 4 levels at which this will be implemented. The article also analyzes both the legislative and socio-economic impact of the new supervision system, as well as the impact on the consumers of insurance services.

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About Adoption and People Who Can Adopt in Romania

Author(s): Ciprian Raul Romiţan / Language(s): English / Publication Year: 0

Keywords: adoption; internal adoption; international adoption; adoptee; adopter; filiation;

Although, in principle, any person can adopt and become an adoptive parent, regardless of their marital status (married or single), sex, race, nationality, etc., the Romanian legislation in this area establishes a series of requirements for this. For this purpose, the law on the legal regime of adoption stipulates that the persons or families wishing to adopt must fulfill the moral guarantees, as well as the material conditions necessary for the child’s raising, education and harmonious development. The fulfillment of the guarantees and conditions provided by law, as well as the existence of the parental skills, is certified by the general directorate of social assistance and child protection within the territorial area of which the adoptee or the adoptive family resides, by issuing a certificate following the evaluation performed according to the provisions of the adoption law. This study will analyze the requirements to be met by the persons or families wishing to adopt, namely: the age of the adopter, the full exercise capacity, the moral and material ability to adopt, the consent of the adopter and the consent of the adopter’s spouse.

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Legal Obligation of Maintenance Between Spouses and Former Spouses in the Romanian Law

Author(s): Ciprian Raul Romiţan / Language(s): English / Publication Year: 0

Keywords: legal maintenance obligation; spouses; former spouses; state of need; material means

The legal maintenance obligation is the duty imposed under the law to a person to ensure to the other person the required subsistence means, both in material and spiritual terms. This paper comprises a theoretical and practical review of the maintenance obligation between the spouses and former spouses, following the dissolution of marriage. As it shall follow from our research, the maintenance obligation may materialize at all times during the marriage, including during the divorce trial, of course, subject to the observance of two conditions: the state of need of the maintenance creditor spouse and the material means of the maintenance debtor spouse. At the same time, at the end of the research, we shall find that the divorced spouse is entitled to maintenance if three conditions are met, i.e.: that they are in need, the need must be the consequence of the incapacity for work and that the incapacity occurred within one year as of the dissolution of marriage.

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Some Remarks on the Nature of Social Inquiry in Juvenile Trials

Unele observații privind caracterul anchetei sociale în procesele cu minori

Author(s): Georgeta Creţu / Language(s): Romanian / Publication Year: 0

Keywords: means of proof; social investigation; judicial practice; guardianship autority;

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.

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Exercise of the Right to Visit the Child by the Non-Resident Parent in Case of Declaring a State of Emergency in the Context of the Covid-19 Pandemic

Author(s): Ciprian Raul Romițan / Language(s): English / Publication Year: 0

Keywords: minor; parent; right of visit; pandemic;

For raising and educating their minor children, parents have rights and duties, including the right to have personal relations with the minor if, as a result of a divorce, the child lives with one of them. In this respect, the law establishes that the parent at which the child does not reside has the right to have personal connections (relations) with the minor at his or her home. During the period when the state of emergency was established in Romania, the right of the child and of the parent to accomplish their natural connections in the best possible conditions was made with difficulty, but the courts ruling the best measures for such situations were decisive. This study analyzes how the minor’s visitation schedule can be carried out by the parent with whom the child does not actually live, in case of declaring a state of emergency in the context of the Covid-19 pandemic when, for a certain period of time, in order to prevent the spread of the virus and to ensure the public health of its citizens, public authorities have restricted the exercise of several human rights.

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Search results for: moloman in All Content

The Acceptations of the Notion of Family from 1918 to the present

Accepțiunile noțiunii de familie din anul 1918 și până în prezent

Applications of the autonomy of will in the family private international law

Aplicaţii ale autonomiei de voinţă în dreptul internaţional privat al familiei

MODERNIZING THE INSURANCE LAW IN THE LIGHT OF THE NEW SUPERVISION SYSTEM SOLVENCY II

MODERNIZING THE INSURANCE LAW IN THE LIGHT OF THE NEW SUPERVISION SYSTEM SOLVENCY II

About Adoption and People Who Can Adopt in Romania

About Adoption and People Who Can Adopt in Romania

Legal Obligation of Maintenance Between Spouses and Former Spouses in the Romanian Law

Legal Obligation of Maintenance Between Spouses and Former Spouses in the Romanian Law

Some Remarks on the Nature of Social Inquiry in Juvenile Trials

Unele observații privind caracterul anchetei sociale în procesele cu minori

Exercise of the Right to Visit the Child by the Non-Resident Parent in Case of Declaring a State of Emergency in the Context of the Covid-19 Pandemic

Exercise of the Right to Visit the Child by the Non-Resident Parent in Case of Declaring a State of Emergency in the Context of the Covid-19 Pandemic