Executarea hotărârilor judecătoreşti referitoare la minori: cu orice preţ?
Enforcement of judgments concerning minors: at any price?

Summary/Abstract: The paper aims to analyze the issue of enforcement of judgments on minors from the perspective of the principle of best interests of the child and the jurisprudence of the European Court of Human Rights in applying Article 8 of the Convention. The article begins with a brief description of the set-up of the procedure thus regulated by Articles 910-914 of the Code of civil procedure, and then deals, based on the legal writing and recent case-law examples, three distinct issues, which we consider to be key points of the regulation, respectively: a) the minimization by the legislator of the role of the bailiff in this procedure, by restricting his possibilities to act in case of finding a refusal of the minor; b) the ambiguity of the type of liability established on the parent held by the obligation to ensure the personal relations program – subjective or objective; c) the minimization of the role of the court in this procedure, from the perspective of the automatic amount, imposed by the legislator, and of the method of establishing the delay penalties on the debtor. Finally, along with conclusions, short de lege ferenda proposals are presented, in order to ensure the compatibility of the regulation with the conventional standard.

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