OPINII PRIVIND DREPTURILE ŞI ÎNDATORIRILE PĂRINTEŞTI ALE PĂRINTELUI MINOR CONFORM ART. 490 C. CIV.
REGARDS ON THE PARTICULAR RIGHTS AND DUTIES OF THE MINOR PARTIES IN ACCORDANCE WITH ARTICLE 490 C. CIV.
Author(s): Teodor Bodoașcă, Aurelia DrăghiciSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: parental rights and duties; minor parent; age 14; exercise capacity;
Summary/Abstract: Art. 490 of the Civil Code regulates parental rights and obligations of minor parent with respect to the child’s person by taking into consideration only his age (at least 14 years), and ignoring his exercise capacity. Given that this normative solution generates unacceptable legal consequences and, most likely, contrary to the will of the legislator, we consider it appropriate, by law ferenda, that the art. 490 of the Civil Code to be amended accordingly.
Journal: Universul Juridic
- Issue Year: 2017
- Issue No: 11
- Page Range: 16-24
- Page Count: 9
- Language: Romanian