WHAT LAW DO WE APPLY TO THE FILIATION OF THE CHILD FROM THE MARRIAGE ACCORDING TO THE PROVISIONS OF ART. 2603 ROMANIAN CIVIL CODE? Cover Image

CE LEGE APLICĂM FILIAŢIEI COPILULUI DIN CĂSĂTORIE CONFORM DISPOZIŢIILOR ART. 2603 C. CIV. ROMÂN?
WHAT LAW DO WE APPLY TO THE FILIATION OF THE CHILD FROM THE MARRIAGE ACCORDING TO THE PROVISIONS OF ART. 2603 ROMANIAN CIVIL CODE?

Author(s): Nadia-Cerasela Aniţei
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: Romanian Civil Code; child; parents; marriage; the law applicable to the filiation of the child in marriage, the law governing the denial of paternity of the child born in marriage;

Summary/Abstract: Book VII entitled Provisions of Private International Law in the Civil Code (art. 2557-2663) deals with chapter II „Family” (art. 2585-2612) dedicating to section II „Filiation” (art. 2603-2606) which regulates in subsection I „Affiliation of the child from marriage” (art. 2603-2604). In this study we aimed to present and analyze art. 2603 with the marginal name: „Applicable law” which stipulates: „The filiation of the child from the marriage is established according to the law which, at the date of birth, governs the general effects of the marriage of his parents. (paragraph 1) If, before the birth of the child, the parents' marriage has ended or been dissolved, the law shall apply which, at the date of termination or dissolution, governed its effects. (paragraph 2) The law shown also applies to the denial of the paternity of the child born out of wedlock, as well as to the acquisition of the name by the child” (paragraph 3). The article will answer the question: How do we interpret the provisions of art. 2603 C. civ. with the marginal name „Applicable law”?

  • Issue Year: 2020
  • Issue No: 05
  • Page Range: 12-17
  • Page Count: 6
  • Language: Romanian