ABOUT THE LAW APPLICABLE FOR THE PARENTAL AUTHORITY Cover Image

ABOUT THE LAW APPLICABLE FOR THE PARENTAL AUTHORITY
ABOUT THE LAW APPLICABLE FOR THE PARENTAL AUTHORITY

Author(s): Ramona Duminică, Andreea Drăghici
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: C.H. Beck Publishing House - Romania
Keywords: child; parental responsibility; extraneity; conflictive norm; the Hague Convention of 1996 on parental responsibility

Summary/Abstract: In the current context of multiplying and diversifying family relationships with an international element, this article brings into question conflicting rules in the field of parental authority.The parental authority represents the main judicial mean for child protection and reunites the rights and obligations of the parents towards the child’s persona and assets.Regarding the applicable law, the Romanian Civil Code states that in this area is applicable the Hague Convention of 1996 on the jurisdiction, applicable law, recognition, enforcement and co-operation in respect of parental responsibility and measures for the protection of children.Therefore, the object of the current paper is represented by the analysis of the provisions stated by Chapter 3 (“Applicable law”) of this Convention.

  • Issue Year: 12/2019
  • Issue No: 1
  • Page Range: 522-531
  • Page Count: 10
  • Language: English