Consideraţii cu privire la Decizia nr. 33/2019
referitoare la interpretarea şi aplicarea unitară
a dispoziţiilor art. 2 alin. (4), art. 59 alin. (2)
şi art. 64 alin. (2) din Legea nr. 192/2006 a medierii
Considerations regarding Decision no. 33/2019
on the interpretation and unitary application of the provisions of art. 2 para. 4, art. 59 para. 2 and art. 64 para. 2 of Law no. 192/2006 on mediation
Author(s): Sergiu Stănilă, Claudia RoșuSubject(s): Civil Law
Published by: Universul Juridic
Keywords: mediation agreement; person; family; divorce; accessory requests;
Summary/Abstract: The divorce process in its entirety, respectively both the main application and the ancillary applications (return of the spouse to the family name/she had before the marriage or retention of the family name acquired as a result of the marriage, establishing the housing of the minor child, exercising parental authority, establishing the contribution for care of the minor child) has a strictly personal character, the analysis carried out aiming aspects related to the private and family life of the parties in the dispute. The assumption of the decision by which the above are decided must represent the result of the exclusive intervention of the court specialized in this type of legal relations, of the civil status officer or of the public notary.The introduction of additional and inefficient procedures may hinder free access to justice.
Journal: Analele Universității de Vest din Timișoara - Seria Drept
- Issue Year: 2020
- Issue No: 2
- Page Range: 55-74
- Page Count: 19
- Language: Romanian