Partly critical discussions concerning the possession of status in the regulation of the new Civil Code Cover Image
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Discuții, parțial critice, privitoare la posesia de stat în reglementarea noului Cod civil
Partly critical discussions concerning the possession of status in the regulation of the new Civil Code

Author(s): Teodor Bodoașcă
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: Civil Code; civil status; possession of status; filiation.

Summary/Abstract: The proposed study is a systematic and systemic analysis of the rules of the Civil Code established for the „possession of status”. While reviving and modernizing the archaic regulations of the Romanian Civil Code of 1864, the present Civil Code establishes the meaning and the content of possession of status, as well as its effects where it is consistent with the data written down in the birth certificate concerning the filiation of the child to the mother. In this context, it is also pointed out the existence of some issues which require normative correlations (even among some paragraphs or sentences within the same article), legal and logical improvements and compatibility adjustments with the general principles of law.

  • Issue Year: 2014
  • Issue No: 08
  • Page Range: 31-42
  • Page Count: 12
  • Language: Romanian
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