Legătura de rudenie – izvor al poziţiei de garant
Family relationship – source of the guarantor poisition

Summary/Abstract: It is generally accepted, but also provided as a legal obligation for the parents to take care of their children, offering them conditions for the physical and intellectual development, and, in particular, to prevent the dangers that could affect their health or life. Clearly, when the parents do not fulfill this obligation, their criminal liability must be engaged, their inaction becoming criminally relevant. It can be said, therefore, that the family relationship between the children and their parents is a source of the guarantor position, but, as I will demonstrate further, the duty to act is not active in every moment of the children’s life. On the other hand, we have to ask ourselves, in this context, whether every family relationship between any two persons is a source of the duty to act.

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