O privire critică asupra operaţiunii desfacerii adopţiei
A critical overview on the procedure of the dissolution of adoption
Author(s): Mircea-Andrei DumanSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: adoption; dissolution of adoption; legal reasons; the procedure of the dissolution of adoption; the effects of the dissolution of adoption.
Summary/Abstract: The importance of the legislative regulation of the procedure of the dissolution of adoption seems to be obvious, considering the possibility that subsequently to the approval of the adoption certain legal situations or reasons might appear, which have not been foreseeable at the beginning and which make impossible or very difficult – involving the sacrifice of the superior interest of the child – the integral preservation of the adoption. As shown in the introduction of this study, the procedure of the dissolution of adoption knew basically different regulations. The alternative to which the legislator has chosen finally is superior from the point of view of the legislative technique. The present civil code sets forth in a punctual way the cases in which the dissolution of the adoption may be decided, as well as the effects that is generates. This study intends to approach in a critical way the procedure of the dissolution of the adoption, the conditions in which it might be disposed, as well as the effects that it produces, as they are completely provided in this Civil Code and in Law no. 273/2004 on the procedure of adoption, amended and republished in 2012.
Journal: Revista Română de Drept Privat
- Issue Year: 2014
- Issue No: 02
- Page Range: 91-103
- Page Count: 13
- Language: Romanian
- Content File-PDF