A BRIEF SUBSTANTIAL-PROCEDURAL ANALYSIS ON THE FULFILLMENT OF NON-PATRIMONIAL OBLIGATIONS REGARDING MINORS
A BRIEF SUBSTANTIAL-PROCEDURAL ANALYSIS ON THE FULFILLMENT OF NON-PATRIMONIAL OBLIGATIONS REGARDING MINORS

Summary/Abstract: The complexity of the various affective and social relationships between members of a family is inevitably transposed in the same complex way in terms of law. The need for this legal field to identify solutions inspired by the practical spirit of the Romans is hit by the fluidity of the principle of the best interests of the child and sometimes by the inefficiency of existing forms in positive law. The existence of „to do” obligations different from the primary subjective right which aim to support its exercise is a novelty for the general theory of enforcement. Regardless of the reasons that substantiated the decision of the legislator to create new forms of enforcement for the fulfillment of non patrimonial obligations regarding minors; either the sincere concern for the effective realization of these specific rights; or the concern to avoid in the future further other convictions on behalf of the European Court of Human Rights; their existence is a scientific evolution of civil procedural law that must be viewed positively.

• Details
• Contents