Elefantul înghiţit de şarpe. Sau despre locuinţa alternativă a copilului în legislaţia românească
The Elephant Swallowed by the Snake. Or about the Alternate Residence of the Child in the Romanian Legislation

Summary/Abstract: Obviously, the parable in the Little Prince, of the elephant swallowed by the snake, was not a contingent chosen for the study we proposed regarding the notion of alternate dwelling of the minor, a notion that, although embraced, adopted by Romanian jurists, surprised even at times of judicial practice, it does not find, at least for now, in the absence of structural changes of the normative acts in force, the legal regulation. Certainly solutions must be found to respect the most important interest of all – the best interest of the child –, since any measure regarding the child and regardless of its author – such as that concerning the establishment of the home – must be taken in the consideration of this primordial principle. The domicile is analyzed, in the present study, from the perspective of its legal nature, from the perspective of its effects in relation to the minors, and then the alternate residence of the child, from the perspective of the comparative law, the jurisprudence and the regulations of the national law.

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