O analiză a orientărilor jurisprudenţiale privind competenţa teritorială a instanţei învestite cu soluţionarea cererilor având ca obiect ocrotirea persoanei fizice
An analysis of the case law guidelines on the territorial jurisdiction of the court in charge of settling claims concerning the protection of individual
Author(s): Ioan Ilieş Neamţ, Ioana-Anamaria Filote-IovuSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: jurisdiction; prohibition; differences of case law; domicile; conflict of jurisdiction;
Summary/Abstract: In this paper, the authors aim to highlight and analyze the controversies that exist in the judicial practice regarding the notion of “domicile”, used to determine territorial competence in those cases referring to the protection of natural persons, in particular the former judicial interdiction, the authorization of tutor’s acts and the tutor’s account. The different interpretations of the courts on the notion of “domicile” have generated conflicts of jurisdiction, which also ended up with different solutions provided by the upper courts, a fact which perpetuated the confusion on the notion. After a brief introduction meant to underline the topic of the paper, the different jurisprudential approaches in the matter are being presented, and, in the end, they will briefly express our point of view on the topic.
Journal: Revista de dreptul familiei
- Issue Year: 2022
- Issue No: 2
- Page Range: 164-190
- Page Count: 27
- Language: Romanian
- Content File-PDF