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Nicknames – yesterday and today

PORECLA – IERI SI ASTĂZI

Author(s): Iustina Nica (Burci) / Language(s): Romanian / Issue: 1-2/2009

Keywords: nicknames; motivations; classifications

Based on the rich human typological system and on the circumstances facing people at various moments of their lives, willingly or unwillingly, nicknames represent one of the basic elements of anthroponymy. (Dis)concordance between a person and the image that people may have about them, usually entails the „rechristening” of the respective person, which happens, without any exception, in all social environments. Unlike the nicknames that were used as basis for surnames in the past, now being emotionally neuter, the present, contemporaneous nicknames are vividly motivated; they are emotionally and expressively saturated, because the people who assigned them know exactly the reasons for those appelative names.

A new law of adoption: another chance towards a happy family (II)

O nouă lege a adopției: o șansă în plus spre o familie fericită (II)

Author(s): Lucia Irinescu / Language(s): Romanian / Issue: 1/2016

Keywords: domestic adoption; international adoption; legislation; adoption procedure

Abstract: Official Gazette of Romania, Part I, no. 283 of 14 April 2016 was published Law no. 57/2016 amending and supplementing Law no. 273/2004 on the adoption procedure. The new regulation contains provisions that will allow authorities to accelerate the adoption procedure. This article aims to analyze the major changes in regulatory matters adoption procedure.

A new law of adoption: another chance towards a happy family

O nouă lege a adopției: o șansă în plus spre o familie fericită

Author(s): Lucia Irinescu / Language(s): Romanian / Issue: 2/2015

The institution of adoption has been regulated since ancient times. The adoption was always seen as a solution to reunite the family, both in terms of the adoptee and the adopter. In the current social context, the role of adoption has taken another dimension, meaning that the number of children awaiting for adoption increased significantly, with the number of abandoned children. According to the latest official statistics, 60,000 children are in special care system, waiting to be put up for adoption or to be entrusted to a family that wants to grow. All these happened because the legislation regarding adoption was much more difficult.

Concurrence of criminal laws (II)

Concursul de calificări (II)

Author(s): Feșteu Cristina Georgiana / Language(s): Romanian / Issue: 2/2016

Continuând prima parte a studiului în materia concursului de calificări, autorul prezintă criteriile directoare pentru ultimele două categorii principale formulate de literatura de specialitate juridică în scopul de a facilita interpretarea dispozițiilor penale: calificările redundante și cele echivalente. În plus, articolul oferă exemple de soluții jurisprudenţiale pronunţate de către Curtea Europeană a Drepturilor Omului și Curtea Europeană de Justiție atunci când au analizat incidenţa principiului non bis in idem, iar aceste coordonate se aplică cu atât mai mult în cadrul unui unic proces penal desfășurat pe teritoriul unui stat membru. În final, autorul realizează o scurtă prezentare comparativă a două sisteme juridice europene, german, respectiv spaniol, încercând să formuleze o concluzie cu privire la oportunitatea consacrării legale a instituţiei concursului de calificări.

THE LAW APPLICABLE TO THE SUBSTANCE OF THE PROMISE OF MARRIAGE (BETROTHAL)

LEGEA APLICABILĂ CONDIŢIILOR DE FOND ALE PROMISIUNII DE CĂSĂTORIE (LOGODNEI)

Author(s): Nadia-Cerasela Aniţei / Language(s): Romanian / Issue: 11/2016

Keywords: primary qualification; engagement concept; substantive conditions required for concluding promise of marriage; the law applicable substantive conditions required for concluding promise of marriage;

Civil Code, art. 2585 does not define the notion of promise of marriage, but art. 2585 par. (1) Civil Code, Refers to „substantive conditions required for concluding promise of marriage” and para. (2) refers to „the effects of promise of marriage and the consequences of breaching them”. Regarding the Romanian private international law, the primary classification is Performed by Romanian law, the law of the forum for any public Romanian Authority. Thus, According to art.2558 of the new Civil Code „When the determination of the applicable law depends on the classification That has to be given to year to the institution of law or legal relationship, we shouldn’t consider the legal classification by the Romanian decides law (paragraph 1) So, to clarify the meaning of conflicting rules of art. 2585 Civil Code. Primary qualification is necessary to perform the notion of promise of marriage in Romanian law. In this context we study the concept of engagement in private international law Roman. Regarding the substantive conditions required for concluding promise marriage art. 2585 paragraph (1) of the Civil Code. States that „are determined by the national law of each of the intending spouses promise closing date”. If we apply the substantive conditions of Engagement promise Romanian law will have to make sense to clarify primary conflict rules laid down in art. 2585 paragraph (1) C. civ. that the notion of „substantive conditions,” the Romanian Civil Code stability provisions of art. art. 266 par. (2) . This article aims to study the conflict rules laid down in art. 2585 paragraph (1) C. civ. namely, the notion of „background conditions” in light of the provisions of stabilt Romanian Civil Code art. art. 266 par. (2) .

THE PSYCHOSOCIAL INVESTIGATION – AN EVIDENCE MALADJUSTED TO THE CIVIL CODE REQUIREMENTS

ANCHETA PSIHOSOCIALĂ – UN MIJLOC DE PROBĂ NEADAPTAT CERINŢELOR CODULUI CIVIL

Author(s): Ioana Nicolae / Language(s): Romanian / Issue: 01/2017

Keywords: minor; child's best interest; psychosocial investigation; social worker; psychologist; psychological evaluation;

Disputes involving the situation of minors include, where specially provided by civil legislation, a psychosocial investigation report, which at this time is made by the guardianship authority, namely the general direction of social assistance and child protection. The psychosocial investigation report is one of the evidence given within the trial, which in conjunction with the other evidence ultimately leads to the adoption of a measure that correspond to the fundamental principle of the best interests of the child. While conceptually this report should combine the findings of a social worker and a psychologist, in practice, its development falls only in the charge of the social worker, without a psychological evaluation.

HABITUAL RESIDENCE IN THE CONTEXT OF EUROPEAN MATRIMONIAL REGIME. REGULATION (EU) 2016/1103

„REŞEDINŢA OBIŞNUITĂ” ÎN CONTEXTUL REGIMURILOR MATRIMONIALE EUROPENE. REGULAMENTUL (UE) 2016/1103

Author(s): Jugastru Calina / Language(s): Romanian / Issue: 09/2018

Keywords: legal relationship with foreign element; point of contact; habitual residence; matrimonial regime; Regulation (EU) 2016/1103;

One of the connecting points that are frequently applied in the domestic private international law is the habitual residence. The European legislator's preference for the use of habitual residence is obvious, as most European regulations usually mention it alongside citizenship. The role of habitual residence in conflict-of-law and conflict of jurisdiction is major (a fact that also arises from the fact that habitual residence is the first applicable liaison point when the hierarchy of connection points is cascade). The statements are perfectly valid for the matter of European matrimonial regimes, which exploits all aspects of the habitual residence (spouses or, as the case may be, future spouses). The advantages of habitual residence are incontestable; the fact that it is a factual notion is likely to contribute to the security and predictability of European regulations.

THE LAW APPLICABLE TO THE PATRIMONIAL EFFECTS OF THE MARRIAGE: TWO PARALLEL REGULATIONS

LEGEA APLICABILĂ REGIMULUI MATRIMONIAL: DOUĂ REGLEMENTĂRI PARALELE

Author(s): Călina Jugastru / Language(s): Romanian / Issue: 12/2018

Keywords: matrimonial regime; foreign element; conflict of laws; Civil Code; Regulation (EU) 2016/1103; similarities; differences;

Marriage with a foreign element generates patrimonial effects and personal relationships between husbands. The common notes, as well as a number of differences, can be noticed on the occasion of the examination of the patrimonial status of the spouses in terms of private international law. The provisions of the Romanian Civil Code entered into force prior to the adoption and entry into force of Regulation (EU) 2016/1103. However, there are observable elements that bring the two regulations closer together, and at the same time differences in the concept of conflict of laws. Romania is not a party to the enhanced cooperation established by Regulation (EU) 2016/1103. Therefore, its provisions will be applied in parallel with the provisions of the Romanian Civil Code, until the moment of the cooperation on the matrimonial regime. In the legal relations generated by the matrimonial regimes between the European states, parties to the enhanced cooperation, the Regulation will apply from January 29, 2019. In the legal relations of Romania with the European states (parties to the enhanced cooperation), with the European states that do not participate in enhanced cooperation and relations with third countries, the provisions of the national private international law (Book VII of the Civil Code) will continue to apply.

A Comparative Assessment On Same-Sex Relations Ship Regulation Freedom In The European Area

A Comparative Assessment On Same-Sex Relations Ship Regulation Freedom In The European Area

Author(s): Oana Răvaş / Language(s): English / Issue: 1/2014

Keywords: same-sex marriages; concubinage; family; harmonization; regulation; free union;

It may be noted that some legislation assimilates the same legal status as marriages between persons of the opposite sex and for people of different sex, while in other countries, the legal system is different, trying some similarities, while others prohibit any formalization of home these bonds and hence the economic effects driven by them. Similarly, regulated and free union of opposite-sex outside marriage officially recognized. Also, given the fact that in Europe some states allowed gay marriage and others do not, the question of the effects of such marriages in states that do not recognize. In other words, it can make a major debate to what extent non-recognition of such marriages can be considered as a breach of Art. 12 (right to marry) and even art. 8 (right to private and family life) and even art. 14 (prohibition of discrimination) of the European Convention on Human Rights.

The child’s opinion and other matters of law, especially regarding the case of Sorina

Opinia copilului şi alte probleme de drept, cu privire specială asupra cazului Sorina

Author(s): Oana Ghiţă / Language(s): Romanian / Issue: 1-2/2019

Keywords: child’s opinion; adoption; enforcement; minor child; consent; Sorina; hearing;

Starting from the idea of a legal study related to the child’s opinion, we considered that an efficient method to emphasize the important matters would be by reference to a practical complex case in terms of the questions of law raised, namely the case of Sorina.We shall only refer to the arguments relating to the appreciation of the child’s opinion both in the trial phase and in the enforcement phase, which has not taken place in this case. We have tried to provide an answer to certain current problems: How concrete and relevant should the evidence leading to the removal of the child’s opinion be? In the matter of adoption, could the child’s opinion be facultative? Should the best interest be considered as immediate, present or as an interest considered in a more distant future? What kind of consequences does the child’s opinion generate in the matter of enforcement? All these questions are found in Sorina case, which has raised so much interest and excitement recently. However, another side of the law (as science, art etc.) is even the excitement that we find in the matter of family relationships, especially when minor children are involved.

“Habitual residence” in the context of the dissolution of the marriage with an element of foreignness

„Reşedinţa obişnuită” în contextul desfacerii căsătoriei cu element de extraneitate

Author(s): Călina Jugastru / Language(s): Romanian / Issue: 1/2020

Keywords: divorce; separation of body; element of extraneousness; determination of lex causae; determination of competent jurisdiction; connecting factors; habitual residence; qualification;

Habitual residence has acquired a significant role in foreign legal relations, and family relationships are an eloquent proof of this. The matter of dissolution of marriage consistently appeals to habitual residence, as a connecting factor in conflicts of laws and conflicts of jurisdiction. Emphasizing the importance of this link implies the inventory of Regulation (EU) no. 1259/2010, of Regulation (EC) no. 2201/2003 [respectively, Regulation (EU) 2019/1111] and the provisions of Romanian law (Civil Code and Code of Civil Procedure). The verification of the variants of the applicable law, the relation of the habitual residence with other connection points, the arguments that plead for the frequency of its regulation are some premises that legitimize the research of the content of the notion of “habitual residence”. In the context in which the conflicting aspects of divorce and legal separation are “dominated” by the habitual residence, it is easy to see that European normative acts do not provide either the legal qualification of the notion or the indications of establishing habitual residence. However, outlining a definition could be useful, considering a convergent (and, ideally, unitary) jurisprudence. Support for a possible definition involves checking the landmarks scattered over time in the practice of the Luxembourg court.

DOMESTIC VIOLENCE AGAINST WOMEN AND THEIR IMPACT ON FAMILY LIFE

DOMESTIC VIOLENCE AGAINST WOMEN AND THEIR IMPACT ON FAMILY LIFE

Author(s): Alina Teacă,Ileana Denisa Știrbulescu / Language(s): English / Issue: IX/2021

Keywords: domestic violence; women's rights; health; family; violation; equal opportunities;

In the last thirty years, domestic violence has been of particular political and social interest because within the family system social changes are understood as the evolution of individuals and can be correlated with the evolutionary tasks of the family group, understood as a system. There are two types of events related to the evolutionary tasks of the family group, understood as a system: predictable events (marriage, childbirth, etc.) and unpredictable events (separation, divorce, illness, death, etc.). Unpredictable events are those that lead to subsequent changes in the family group, with profound changes in socio economic status, and the difficulties generated by unpredictable events require the implementation of mechanisms for adaptation and problem solving. The protection order is considered an effective tool for the protection of victims of domestic violence, but also a remedy for other, collateral situations, such as violent behavior against children. Through this article, we will try to emphasize the fact that, in order to make the inter institutional mechanisms in the field of prevention of domestic violence more efficient, it is necessary to implement other measures, other than the temporary detachment, from the family system, of the parent with violent behavior.

The crossroads between criminal law and divorce proceedings. A theoretical view

Tangenţele dintre dreptul penal şi procedura divorţului. O privire teoretică

Author(s): Dorel Herinean / Language(s): Romanian / Issue: 2/2020

Keywords: criminal law; divorce; family member; position of guarantor; exercise of a right; moral constraint; fine; extended confiscation; causes of impunity; consent; reasons for divorce;

This article represents a theoretical study of the tangents between criminal law and family law regarding the divorce procedure, containing a criminal approach of this institution, sprinkled with aspects of civil law. Being a theoretical study accompanied by numerous hypothetical examples, the material reviews, in the first part, the influence of a divorce procedure or decision on the applicability of some criminal law institutions from the general part of the Criminal code, with references to the incriminations in which they are applicable. In this paradigm, the notion of “family member”, elements of the legal content of the crime, including the position of guarantor, some justifying and non imputability causes, some punishments, and the extended confiscation are studied. In the second part, the perspective is reversed, as the way in which criminal law can interfere in the divorce procedure is analysed, whether we are talking about material or procedural civil law rules, such as reasons for divorce, consent to divorce, and the patrimonial consequences of divorce.

Legal regime of sustainable autonomous works erected by one spouse on the land that is the exclusive property of the other spouse

Regimul juridic al lucrărilor autonome cu caracter durabil edificate de un soţ pe terenul proprietatea exclusivă a celuilalt soţ

Author(s): Ioan Ilieş Neamţ / Language(s): Romanian / Issue: 2/2020

Keywords: construction; spouse; accession; consent; property;

It often happens that a spouse builds a construction on the land owned exclusively by the other spouse. As long as the marriage lasts, the legal status of the construction is usually unimportant for the spouses. Still, in case of divorce or when the marriage is annulated or it ends, the problem of the rights over the building becomes topical. The paper aims to address this issue, respectively to analyze the legal regime of the building in relation to the spouse who owns the land and the one who built it. In this line, after a short analysis of the relevant issues regarding the patrimonial relations between the spouses, the paper brings into view the main solutions proposed by the legal scholars on the topic and the possible counterarguments to those solutions and in the end we present our own optic on the issue. In a nutshell, we concluded that if no authentic contract that provides a superficies right for the builder was concluded or the owner of the land has not expressively renounced on his right of accession, the builder cannot acquire a property right on the construction, regardless if he builds it with the consent of the other spouse or even together with him.

The best interests of the child versus the active role of the judge. Or about (apparently) parallel universes that meet

Interesul superior al copilului versus rolul activ al judecătorului. Sau despre universuri (aparent) paralele care se întâlnesc

Author(s): Ioan Ilieş Neamţ / Language(s): Romanian / Issue: Supliment/2020

Keywords: child’s best interest principle; court’s active role principle; contact points; child’s home; disposition acts; parental agreements;

The paper analyses the relation between child’s best interest principle and the principle of Court’s active in judicial proceedings, aiming to show that though first is rather substantial in nature and last procedural, the two interact in multiple ways. Still, in all circumstances, the Court must apply the two principles considering the legal framework and the limits that are set by it. In this regard, after a short presentation of the research premises, the paper focuses on the two principles, underlining the main elements of particularity. The second part of the paper, and the most comprehensive, addresses the contact points between child’s best interest and the active role of the court, distinctively analysing the aspects that expressly regulated and those that can be rather deduced by way of interpretation. Among others, things such as the court censorship of disposition acts, ex officio examination of some aspects, child’s home, child’s hearing, or the censorship of parent’s agreements are being are being considered.

Coexistence unions

Uniones convivenciales

Author(s): Leandro Martin Merlo / Language(s): Spanish / Issue: 1/2021

Keywords: Argentina; coexistence unions; concubinage; personal and patrimonial rights and obligations; comparative law;

The Civil and Commercial Code of Argentina regulates coexistence unions between people of the same or different sex, providing them – if certain requirements are met – an imperative regulatory framework consisting of various personal and patrimonial rights and obligations, both between the members of the union, as regards third parties and in relation to the family home and children. That regulation lacks from ambiguities and interpretative gaps in addition to ignoring different family or related forms that want legal protection, nor does it allow those who wish to stay outside of all regulation.

Preciput clause – a contractual legacy?

Clauza de preciput – o moştenire contractuală?

Author(s): Dan Chirică / Language(s): Romanian / Issue: 3-4/2021

Keywords: preciput; legal act mortis causa; matrimonial advantage; liberality; contractual establishment of heir (particular legatee); donation of future property;

The question of the legal nature of the preciput clause regulated in Article 333 0of the Civil Code is very controversial and inconsistent in Romanian doctrine. Following the analysis of the source that inspired the Romanian legislator (the French Civil Code) and of the differences between the Romanian Civil Code and this one, as well as of the opinions expressed so far, the conclusion that emerges is that in our law, contrary to the opinion of the majority of Romanian authors, the preciput clause is a liberality in the form of the contractual establishment of an heir (particular legatee), which is a legal act mortis causa, and not a neutral act, as in French law. From the point of view of its formation, a preciput clause is a donation, a legal act between living persons, but from the point of view of its effects, it is a particular legacy.

Romanian Horse Names

Romanian Horse Names

Author(s): Andreea-Nora Pușcaș / Language(s): English / Issue: 1/2021

Keywords: horse names; zoonyms; the process of naming

The present study focuses on identifying and classifying the equine zoonyms used in recent years in Romania, with the purpose of identifying the language trend and, if possible, what stands behind the motivation of onymic units. In addition, a comparison with the results of another study undertaken by us will be made, more specifically, a paper dealing with horse names extracted from the first survey (The Horse) issued by The Museum of the Romanian Language in 1922. The current study aims to identify the changes this onomastic segment was subject to.

The compensatory payment according to the Romanian Civil Code

Prestaţia compensatorie în Codul civil român

Author(s): Flavius Antoniu Baias,Stela Stoicescu / Language(s): Romanian / Issue: 1/2021

Keywords: compensatory payment; divorce; guilt; living conditions;

This study aims to describe the legal regime of the compensatory payment, with reference to the legislative framework, the sources of inspiration of the regulation, as well as to the current national case-law in this matter, which confirms, by the large number of cases solved after the entry into force of the Civil Code, the social utility of this legal institution. On the basis of the case law examples provided, the authors analyze the legal nature of the compensatory allowance by distinguishing it from similar institutions – the maintenance obligation between ex-spouses or the right to compensation – the conditions to be fulfilled when granting compensatory payment, the criteria used to impose, modify or terminate the obligation, and the substantive and procedural law difficulties of these disputes.

Delegation and substitution in the exercise of parental rights and obligations

Delegare şi substituire în exercitarea drepturilor şi obligaţiilor părinteşti

Author(s): Oana Ghiţă / Language(s): Romanian / Issue: 01/2023

Keywords: parent; child; parental authority; delegation; substitution; best interests of the child;

Can parenting capacity be transferred to others? The answer is affirmative, as demonstrated by the presentation in which we propose to analyse the legal hypotheses of delegation and substitution of the exercise of parental authority. Thus, we have set out how parental rights and duties are transferred to other natural and legal persons, either voluntarily, at the initiative of the parents, or forcibly, through the intervention of the guardianship court, as a result of the behavioural history of the right holders, i.e. the parents, who have endangered the upbringing and education of the child. If the delegation refers to the power of attorney given by the guardianship court or even by the parent-holders to another person, the substitution implies a replacement (standing in the place of another), which is what happens in the case of the blended family, when the third party takes over part of the day-to-day duties of the authority, without being empowered by the person he/she replaces, but chosen by the other parent. The delegation of parental rights and obligations is, as a rule, statutory, unlike the matter of obligations under common law, where it is conventional. Substitution/subrogation is the consequence of a factual situation (partial and involuntary transmission of the rights and duties inherent to the quality of a parent), namely the cohabitation of the former partner, resident parent for the child, with another partner/spouse, popularly called step-parent.