THE TIP OF THE ICEBERG OF PARENTAL PROTECTION IN THE PROCEDURE OF NOTARY DIVORCE
THE TIP OF THE ICEBERG OF PARENTAL PROTECTION IN THE PROCEDURE OF NOTARY DIVORCE

Summary/Abstract: Although approaching this subject matter naturally requires from the very beginning a projection on the child as part of the notary divorce because “humanity owes the child the best it has to give” (as stated by the League of Nations in the Declaration of the Rights of the Child of 1924), it must be understood ab initio that this hypothesis is not exclusively related to divorce, as it deals with problems concerning those becoming parents without being married, those married but separated in fact and those who are divorced and have somehow regulated at that time parental protection without any guarantee that the reason and initial circumstances will not change in time. Thus, no matter the initial circumstances considered, children must be treated equally. Liberty, option, moral, customs, tradition and religion make up the basic texture of family relations. It has been said that people live as if family law didn’t exist; non law is the essence of family relations, whereas law is an accident (Jean Carbonnier), which we will explore against this background of parental protection of the child resulted from marriage or outside the boundaries of marriage.

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