CONSIDERAŢII REFERITOARE LA ORDONANŢA PREŞEDINŢIALĂ ÎN APLICAREA DOMENIULUI RAPORTURILOR DE FAMILIE
CONSIDERATIONS RELATING TO THE PRESIDING JUDGE’S ORDER IN THE APPLICATION OF THE MATTER OF FAMILY RELATIONSHIPS

Summary/Abstract: The history and usefulness of the subject on the presidential ordinance does not aim at learning what has been learned, but at clarifying some issues from a theoretical and practical point of view in relation to the proposed topic. The court can take, throughout the process, by presidential ordinance, provisional measures regarding the custody of minor children, the maintenance obligation, the child allowance, the use of housing etc. Starting from this finding, I emphasize that this does not mean that, in the absence of an expressis verbis provision, it would cease to apply in the field of family relations. As such, they are common law in this area. Of course, the explanation should be sought in the stated intention of the legislator to put an end to any problem regarding the admissibility of the presidential ordinance in such an important and delicate area for the daily life of man, of society in general. The conclusions concern the measures taken by the court, during the process, regarding an order of the presidency and these are: accessories, in the sense that they are introduced mainly on the existence of a process, for example, of divorce; the executors of the law, as such, become useless for the investiture of the presidential ordinance with executory formula; temporarily, measures taken in urgent cases are circumscribed; the provisional decision, i.e. the decision given in this summary and exceptional way, only with the “touching” of the merits, as a rule, does not have the authority to judge the process that has the same cause, but also characterized by officiality.

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