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INTEGRATING CHILDREN'S RIGHTS INTO FAMILY RELATIONSHIPS: INTERNATIONAL AND REGIONAL LEGAL PERSPECTIVES

Author(s): Nicolae Voiculescu / Language(s): English / Issue: IX/2021

Keywords: children's rights; family environment; best interests of the child; right to privacy and family;

The rights of the child are, for the science of human rights, aspects of major interest that problematize the vulnerability of a social category that is distinguished by insufficient physical and mental development. Given these bio psycho coordinates social values of the child, his quality of rights holder should be understood in the context of the relationship with the family the element able to provide support for the improvement of the human model that the child poses in his development. Accepting these research theses, this paper advances as a scientific objective the analysis of the way in which, under the auspices of the most relevant international / regional legal instruments, two interrelated legal categories interact: children's rights and the family environment. From the observation of the models of correlation of the two legal categories in the international and regional systems of protection of children's rights derive particular models of capitalization of children's rights in society.

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DOMESTIC VIOLENCE AGAINST WOMEN. PANDEMIC FIGURES AND ROMANIAN LEGISLATIVE MEASURES

Author(s): Aurora Ciucă / Language(s): English / Issue: IX/2021

Keywords: violence against women; pandemic figures; legislative measures and their effectiveness;

In the last year, in addition to the dramatic episodes of the pandemic, there has been an alarming increase in cases of violence against women. Which are the causes, what measures have been taken by the state to comply with the international obligations assumed and, especially, what is the effectiveness of these measures are some of the questions that formed the basis of this study.

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ROMANIA AND THE COURT OF JUSTICE OF THE EUROPEAN UNION: CASE STUDY ON THE FAMILY LAW

Author(s): Gabriela Alexandra Oanta / Language(s): English / Issue: IX/2021

Keywords: Romania; European Union; Court of Justice of the European Union; Family law;

Romanian private individuals (natural or legal persons) have used the judicial protection offered by the Court of Justice of the European Union in numerous occasions since Romania has joined the European Union in January 2007. However, the CJEU acted only in few cases on issues related to the family law although there are provisions in the European Union primary and secondary law in this branch of law. Against this background, this article aims to present, firstly, the most relevant provisions on family law in the European Union legal order, and, secondly, the CJEU case law that already exists in this field, which has a specific relevance for Romanian.

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THE VALUE OF FAMILY IN GREECE: CONSTITUTIONAL PROTECTION AND LEGISLATIVE DEVELOPMENTS

Author(s): Evripidis St. Stylianidis / Language(s): English / Issue: IX/2021

Keywords: Family; family protection; constitution; policies;

This study purports to highlight the value of the family institution in Greece. Reference is made to the historical context of shaping the institution of family. The constitutional protection of family is examined. Policies supporting families are analyzed and their protection at the level of private law is outlined.

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THE CONCEPT OF “FAMILY” AND FAMILY RELATIONSHIPS ACCORDING TO THE ROMANIAN CONSTITUTION

Author(s): Marieta Safta / Language(s): English / Issue: IX/2021

Keywords: Family life; marriage; same sex couples; paternity; gender equality; constitutional review;

The right to family life is one of the most spectacular developments, especially towards the end of the 20th century and the beginning of the 21st century. This study emphasizes the landmarks of this evolution, in terms of the scope of guarantees that are subsumed, with reference to the enshrinement in the Romanian Constitution of the right to family and family life and the interpretation of the Constitutional Court of Romania, to the crossroads of times and international, European, national regulations.

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NEW PROVISIONS ON THE EXTENSIVE CONFISCATION SECURITY MEASURE

Author(s): Andreea-Simona Uzlău / Language(s): English / Issue: IX/2021

Keywords: Extensive confiscation; security measures; proceeds of crime; presumption of lawful acquisition of property;

The paper analyzes the conditions for the application of the extended confiscation security measure, as a result of the recent amendments brought by Law no. 228/2020. The new form of regulation represents the transposition into national legislation of Directive 2014/42 / EU on the freezing and confiscation of instruments and proceeds of crime committed in the European Union. At national level, the criminal and criminal procedure provisions in the field of extended confiscation were analyzed and those regulations that required amendments for a full transposition of the aforementioned directive were identified. The study highlights the new conditions under which the security measure may be ordered, from the perspective of the scope, of the activities carried out by the convicted person who substantiates it, of goods that may be subject to confiscation and the group of persons from whom it may be ordered.

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AN OVERVIEW OF FAMILY PROTECTION IN INTERNATIONAL HUMANITARIAN LAW

Author(s): Ana Maria Maestro Cortizas / Language(s): English / Issue: IX/2021

Keywords: Family; International Humanitarian Law; Geneva Conventions; right to information; civilians; prisoners of war; internees; prisoners of war;

The Geneva Conventions focus on persons as individuals. However, they include some relevant considerations on the protection of family units. In this paper, the rights provided for family members will be briefly discussed in the light of the Geneva Conventions, customary Humanitarian Law and recent jurisprudence of international criminal courts and tribunals, in order to assess their extent.

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ELDER ABUSE AS A BLACK SCAR ON THE FAMILY: GLIMPSES FROM THE STATE OF HARYANA (INDIA)

Author(s): Ved Pal Singh Deswal / Language(s): English / Issue: IX/2021

Keywords: Elder; curse; nature; family; constitution;

We have taken the birth on the land where the parents have enjoyed a sense of honour, pride and authority. (In Sanskrit matro devobhava, pitro devobhava, it means parents are God) Generally being the oldest person they used to be the Head (Karta) of the joint family. Indeed with their vast experience they have been regarded as root of knowledge, wisdom and experience.

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A COMPARATIVE STUDY OF WORKING OF FAMILY COURTS IN TIMES OF PANDEMIC IN EUROPE

Author(s): Prabhpreet Singh,Sudhanshu Yadav / Language(s): English / Issue: IX/2021

Keywords: Family Court; Rule of Law; Human rights; Access to Justice; Council of Europe;

In the mid of 2020, the pandemic had significantly spread across the whole world and among the affected nations was Europe with 2/3rd of the total number of deaths by this COVID 19. This article is to present a comparative analysis of the consequences of the health crisis on family matters in Europe’s jurisdictions and how their law offices are facing these major changes that makes them rethink their practice and the family justice. Lastly, the effects caused on human rights and the Rule of Law and Way ahead. International institutions such as the United Nations, at a global level, or the Council of Europe and the European Union, at European level, must engage in transnational coordination in the judicial response to emergencies such as the one the world has faced with COVID 19. The study covers the most affected countries i.e., France, the United Kingdom, Spain, Italy, Germany and Switzerland on the aspects of – How Applications in Family Matters is Filled in Front of Your Jurisdiction During the Lockdown and How Pending Cases is Dealt with? Means of communication with courts in family matters during this time a) he consequences of the "lockdown" on the rights of the parents b) State of alternative dispute resolution methods used during this time c) A general picture of Judiciary in the pandemic situation. d) The consequences of the crisis will be on the practice of family law lawyers?

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„SENTIMENTAL” ROBOTS (LOVOTICS) AND THEIR IMPACT ON PRIVATE AND FAMILY LIFE

Author(s): Beatrice Berna / Language(s): English / Issue: IX/2021

Keywords: artificial intelligence; lovotics; private and family relations; soft law;

The emergence of a new category of artificial intelligence mechanisms that of robots that replicate, from a sentimental/emotional point of view human manifestations and attitudes is a fact that creates tensions in the classical theory of human rights from the perspective of interpreting and applying guarantees of protection with regard toprivate and family life. This paper aims to analyze, by reference to soft law instruments and representative doctrinal opinions, the possibility of recognizing the legal status of sentimental robots and the legal consequences of such formal recognition. Taking into account the particularity of sentimental robots, our analysis will give prominence to the repercussions brought by this peculiar robots on private and family life as a consequence of the possibility of granting a suis generis legal status in their favor.

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HEARING THE VICTIM OF HUMAN TRAFFICKING

Author(s): Carmen Silvia Paraschiv / Language(s): English / Issue: IX/2021

Keywords: victim; hearing; human trafficking; psychology; hearing rules;

"Hearing the injured person is the evidentiary procedure that follows the same general rules as hearing the suspect or defendant, but there are differences, specific rules that derive from the quality of this category of participants in the criminal process."

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A FEW CONSIDERATIONS REGARDING THE NORMAL WORKING TIME AND ITS ORGANIZATION IN THE CONTEXT OF THE NEED FOR FLEXIBILITY IMPOSED BY THE SOCIO-ECONOMIC REALITIES

Author(s): Magda Volonciu / Language(s): English / Issue: IX/2021

Keywords: working time; digitalization; flexibility; liability; individualized work schedule;

The present paper aims at an analysis of the main aspects regarding the working time and its organization in the current economic - social conditions. In this sense, by referring to the technology increasingly involved in daily life and on the labor market, employers are also looking for solutions to make working time more flexible in terms of legislation that is not exactly "friendly" to those desired by employers and employees. Thus, the paper analyzes a concept of a mixed, variable and individualized working time organization model correlated with the provisions of Directive 88/2003 but also of the Romanian Labor Code. The certainty of the need to adjust the legal provisions to the realities of the moment leads to the identification of solutions that understand both the needs of management and to protect the employee.

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LAW AND DIGITALIZATION

Author(s): Titi Paraschiv / Language(s): English / Issue: IX/2021

Keywords: disruptive technologies; digital disturbances; Data Mining; Big Data; Machine Learning;

The current stage of scientific and technical development has given technology the ability to generate changes in behavior, mentality and fundamental processes of society. Klaus Schwab, in his work “The Fourth Industrial revolution” (2016), introduces the concept of Industry 4.0, the fourth industrial revolution that technologically integrates subsystems, physical, biological and digital. A key social institution that is affected by these developments is the right, as a subsystem to regulate the social system and consequently, the legal profession. Digital disturbances are not only a technological or economic problem, but also a legal one. The regulatory framework must be shaped to provide fertile and healthy soil for technological innovation to grow

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SPECIAL RULES REGARDING THE TRANSMISSION OF THE PROCEDURAL QUALITY IN THE INSOLVENCY PROCEDURE OF NATURAL PERSONS. THE DEATH OF THE DEBTOR

Author(s): Carmen Pălăcean / Language(s): English / Issue: IX/2021

Keywords: insolvency; debtor; natural person; insolvency procedure based on debt repayment plan; insolvency procedure by liquidation of assets; simplified insolvency procedure; legal capacity;

Law no. 151/2015, provides a legislative framework for the debtor a natural person in good faith, who may request the opening of one of the three forms of procedure regulated by law. Although opinions have been expressed in the doctrine in the sense of a rudimentary regulation, or in some cases, even absent, the law brings a series of benefits to individuals facing financial problems, and the main benefit brought by law after completing certain stages is the possibility granted to the debtor to request the release of residual debts, under the conditions established by the normative act. The cessation of the capacity of use of the natural person takes place at his death, which can be physically ascertained or declared in court, according to the relevant legal provisions. The quality of debtor in the insolvency procedure can be transmitted, as a result of the debtor's death, according to some special rules, provided by Law no. 151/2015.

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CONSIDERATIONS REGARDING THE LEGISLATION OF SOME ASPECTS REGARDING MARRIAGE WITH IMPACT ON THE FAMILY PATRIMONY IN THE NEW CIVIL CODE AND THE NEW CODE OF CIVIL PROCEDURE

Author(s): Claudiu Constantin Dinu / Language(s): English / Issue: IX/2021

Keywords: marriage; engagement; family patrimony; patrimonial rights and obligations;

Marriage defined in the Civil Code is the freely consented union between a man and a woman, concluded under the law (art. 259 para. 1 NCC). The conclusion of the marriage, respecting the substantive and formal conditions provided by law, produces a series of effects, in different plans: personal rights and duties or mutual patrimonial between spouses, respectively rights and obligations in relation to minor children resulting from marriage or adopted. The new Civil Code also regulates the stage prior to the marriage, regarding the engagement, its valid conclusion or its rupture attracting a series of legal consequences, including in patrimonial plan. At the same time, the dissolution of the marriage through divorce or its annulment or declaration as null attracts, within the limits of the law, a series of patrimonial or non patrimonial consequences. Thus, persons involved in an engagement or marriage relationship are recognized in the New Civil Code and the New Code of Civil Procedure, among others, several possible legal actions and specific correlative defenses, with direct or indirect impact in terms of family or pre family patrimony (in case of engagement). Consequently, the present approach aims to analyze, without exhaustive claims, in a pragmatic manner, of substantive law and procedural law, some of these situations regulated by law, in the hope that such an approach can be useful to both practitioners and law theorists.

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FAMILY PROHIBITIONS IN THE FIELD OF COMPANY ADMINISTRATION REGULATED BY LAW NO. 31/1990 AND THE CIVIL CODE

Author(s): Carmen Todică / Language(s): English / Issue: IX/2021

Keywords: administrator; management; relative or brother in law up to and including grade IV;

The administrator, in general, has full decision making power for all management operations. However, certain legal acts of disposition, of a special importance for the patrimony of the company in which the administrator or his family members may be involved, can be concluded only with the approval of the general assembly of the associates. At the same time, whenever there is a conflict of interest between the administrator and the company, the administrator must act only in its favor and not in its own interest or in the interest of a family member. Law no. 31/190 establishes two interdictions, which we called family, in the context in which in a certain operation, the administrator would have interests contrary to the company, being involved his husband, a relative or a relative up to to grade IV inclusive. The two prohibitions are also regulated in the Civil Code under the generic title "contradictions of interests".

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THE JOINT TENANCY OVER PROPERTY

Author(s): Petruţa-Elena Ispas / Language(s): English / Issue: IX/2021

Keywords: common property; the legal community regime; joint tenancy; the property of the spouses;

According to the provisions of the current Civil Code, the common property can take two forms: the tenants in common (co ownership) and the joint tenancy (joint ownership). Given the practical problems that may arise in connection with the joint property, in this paper we will focus exclusively on this form of common property.

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CRITERIA FOR DETERMINING THE AMOUNT OF THE MAINTENANCE OBLIGATION GRANTED BY THE CHILD'S PARENT

Author(s): Mădălina Dinu / Language(s): English / Issue: IX/2021

Keywords: debtor; contribution; maintenance obligation; child needs; standards of living; mutual agreement;

The maintenance obligation is the contribution to which the parent is obliged to his minor or adult child until the completion of studies. The maintenance obligation does not constitute a faculty, but a legal obligation which, in case of non compliance, may attract sanctions, including criminal ones. This obligation imposed by the legislator on the parents is a joint and several obligation, so that whenever one of the parents refuses to fulfill his maintenance obligation or does not do so in an amount sufficient to ensure the standard of living of the minor, the parent where the minor lives, as far as possible, will be indirectly obliged to bear the difference. Although established by law, the legislator does not stipulate the criteria that the court takes into account in determining the amount of the maintenance obligation, these being applied by the court according to the particularities of each case, taking into account, first of all, the financial means held by the debtor parent to provide the maintenance obligation and the needs of the dependent child.

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JURISPRUDENCE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION ON THE PROTECTION OF THE CONSUMER'S FAMILY HOME

Author(s): Mihaela-Georgiana Iliescu / Language(s): English / Issue: IX/2021

Keywords: family home; consumer; foreclosure; real estate mortgage; unfair terms;

The CJEU underlines the need to pay special attention/give a certain protection to situations involving the foreclosure of the property subject to the mortgage encumbering the loan agreement, when the property is the consumer's family home. Thus, under European Union law, the right to housing is a fundamental right guaranteed by Article 7 of the EU Charter of Fundamental Rights, which must be taken into account by national courts in the application of Directive 93/13. The Court also emphasizes that the loss of the family home is not only likely to seriously affect the rights of consumers, but also puts the consumer's family in a particularly fragile situation. That is why it is important for the competent national court to have it at its disposal interim measures, allowing the court to suspend or prevent an illegal foreclosure procedure on the consumer's family home, when the ordering of such measures proves necessary in order to guarantee the effective protection pursued by Directive 93/13.

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THE PURPOSE OF WORKS OF THE HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW CONCERNING CHILD PROTECTION. INTERNATIONAL JUDICIAL AND ADMINISTRATIVE COOPERATION. CONSEQUENCES ON THE RELEVANT EUROPEAN REGULATIONS

Author(s): Manuela Sirbu / Language(s): English / Issue: IX/2021

Keywords: child protection; child superior interest; child rights;

State governments have the obligation to take all measures to make sure that all children in their countries enjoy the rights recognized by international Conventions. All decisions made by parents or by States must primarily take into account the respect and protection of the child’s best interests. States must see to the protection and care of children by their parents or, if necessary, by other persons. People and institutions responsible for the protection and care of children have the obligation to carry out their duties properly. The relevant international and European legislation confirms the importance and need to protect children in international situations, with a common goal worldwide, of establishing common provisions to facilitate and harmonize the implementation of normative acts governing the status and protection of children. The 1924 Geneva Declaration on Children’s Rights summarizes for the first time the provisions on children’s rights, ideas later approved by the General Assembly of the League of Nations under the title of the Book of Child Welfare. Children must be provided the necessary means for their material and spiritual development, they must be fed, cared for and in case of danger they must be the first to receive care. Here are several principles enunciated at the beginning of the XX century, principles that are entirely included in the more recent regulations, addressing the basic needs of children everywhere and the obligation of parents and of the State to follow and respect them.

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