Contribuția Înaltei Curți de Casație și Justiție la stabilirea obligațiilor de întreținere datorate de părinți copiilor care nu locuiesc împreună cu aceștia
The Contribution of the High Court of Cassation and Justice to the Establishment of Support Obligations Due by Parents to Children Who do not Live with Them

Author(s): Mihaela-Gabriela Berindei
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: the support obligation; minor children; Civil code; solidary;
Summary/Abstract: The father and mother are obliged, to provide support for their minor child, as provided by article 499 para. (1) of the Civil Code, contributing to the payment of support, in proportion to the means at their disposal, but also according to the needs of the minor. The support obligation of the parents towards their minor children is solidary, in the way that each parent can be kept separate for the entire obligation, and its execution by one of the parents can release the other parent from the payment of the debt towards the children.The minor has the possibility to request support from either of his parents, and the parent who has fulfilled the obligation over his legal part of the contribution, has the right to go against the other parent to request the restitution of the part he paid over the owed part. However, the minor's right to support has a complex character, which includes, besides to the parents' obligation to ensure the necessary material means of subsistence, their duty to take care of the child's harmonious development, health, physical, mental and intellectual development, of his education, learning and professional training, according to their own beliefs, but also to the characteristics and needs of the child.

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