SCURTE CONSIDERAŢII ASUPRA PROCEDURII DIVORŢULUI PE CALE NOTARIALĂ
Author(s): Deliu Robert-Adrian / Language(s): Romanian
/ Issue: 10/2016
Keywords: divorce; consent; notarized; spouses agree;
From the outset we must say that divorce proceedings, regardless of how the parties choose to use to separate them, this is their legitimate right and moral to request the dissolution of marriage. Public perception of divorce as a legal entity and at the same time as the factual situation was and is inextricably linked to morality and religion, mental conception traditional, fundamental cell of the state unit - the family - the weight of the solution separation etc. If history has proven that two people can not be forced to stay together in a family, the state was thus subjected to social pressure to legislate and, consequently, to establish the legal and normal in such a reality. Divorce - legal institution - the regulation of the Civil Code of 1865 had with the Code of Civil Procedure previous one form of it, namely the contentious proceedings held before a judge by filing an application for summons, pleas separation in public session, ensuring adversarial and right of defense. With the entry into force of the new Civil Code in 2009, along with many of the novation of the legislature in essence were added and two new forms of divorce proceedings. Divorce proceedings by administrative procedure before the civil status officer concerned about divorce notary, procedure alternative to the other two. Divorce notary is about as simple, flexible, direct, discreet, characterized by speed and unpublished. This way dissolution of marriage is available to any couple, whether in marriage or children resulted and, consequently, is whether they are minor or major. Clear condition sine qua non is that the spouses to reach consensus on all elements and aspects related to family and heritage. It remains therefore that the following lines to bring some comments and reviews about divorce notary.
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