Autoritatea părintească şi protecţia copiilor. Aspecte de drept internaţional privat
Parental Authority and child protection. Aspects of Private International Law
Author(s): Jugastru CalinaSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: private international law; marriage; parental authority; maintenance obligation; Romanian civil Code; European law;
Summary/Abstract: The new Romanian civil Code includes current regulations concerning parental authority and maintenance obligations. The issue of parental authority has not been by the former regulation (Law no. 105/1992 on the regulation of private international law) and maintenance obligation was the subject of two legal texts which were reformed in line with European standards. Parental authority is contained in Art. 2611 C. civ. and to maintenance in art. 2612 of the Civil Code. The provisions of the Romanian Civil Code refer to the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children, adopted in The Hague on 19 October 1996. We will examine in the following, the scope of the Convention, the jurisdiction conferred on the authorities in order to protect the child's person and property, conduct legal procedures applicable law, recognition and enforcement of protection measures. With regard to maintenance, European standards which we will address can be found in Regulation No. 4/2009 on jurisdiction, applicable law, recognition and judgment enforcement and cooperation in matters relating to maintenance obligations in the Hague Protocol of 23 November 2007 on the law applicable to maintenance obligations.
Journal: Acta Universitatis Lucian Blaga. Iurisprudentia
- Issue Year: 2016
- Issue No: 1
- Page Range: 136-152
- Page Count: 17
- Language: Romanian
- Content File-PDF