ABOUT THE CHILD'S REFUSAL TO LEAVE THE DEBTOR AND THE PRINCIPLE OF THE CHILD'S SUPERIOR INTEREST - STORY WITHOUT AN END
ABOUT THE CHILD'S REFUSAL TO LEAVE THE DEBTOR AND THE PRINCIPLE OF THE CHILD'S SUPERIOR INTEREST - STORY WITHOUT AN END
Author(s): Maria-Magdalena CardisSubject(s): Education, Civil Society, Public Law, State/Government and Education, Sociology of Education, Philosophy of Law, Sociology of Law
Published by: Editura Universitatii Petrol-Gaze din Ploiesti
Keywords: the superior interest of the child; child’s refusal to leave the debtor; judicial procedure; non-effective solutions
Summary/Abstract: Unlike the previous regulation, in the current Code of Civil Procedure there are de facto rules that should give a solution to the situation in which the child refuses to leave the debtor, even if he was entrusted with a decision of the court to another person. . However, the effect of the rules in question is uncertain and the legal mechanism is inconsistent, despite the fact that it is supposed to work in compliance with the principle of the superior interest of the child. The present article does not aim to provide an absolute solution regarding how to proceed in this situation, but only to analyse some issues that have virtually no solution, as well as how they could have a positive effects, based on the existing legislation, starting from the premise observance of the principle of the best interests of the child.
- Issue Year: LXX/2019
- Issue No: 2
- Page Range: 55-61
- Page Count: 7
- Language: English