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The study analyzes the changes in the legislation of the family council institution in relation to the socio legal evolution of the notion of family, indicating, where appropriate, the inaccuracies of the ad litteram application of the legal norm to the factual reality, finally responding to a simple questions: “was the Romanian family in step with the evolution of law?”.
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One of the arguments underpinning the easy nature of the divorce procedure by a notarized deed, shall be represented by the term of reflection. This article examines the legal regime of the term of reflection and presents various arguments which should emphasize the flexible nature thereof.
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Existence of the duty of loyalty as an effect of marriage has never been disputed. It being implied in the previous regulation, at present it is explicitly contained in the legal nomenclature of the marital status (Article 309 of the Civil Code). The litigation law applying to the duty of loyalty, makes possible the identification of those patterns by which non compliant conduct is expressed (I), often emphasizing the private side of any dispute in relation to this subject (II), and in relation to the sanction, in the matter of divorce, it reveals some circumspection, sometimes even indulgence toward the unfaithful spouse, on the contrary, openness with regard to him incurring tort liability (III).
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The child’s vulnerable position during a criminal trial is most evident when he is the victim of domestic violence and the aggressor is actually the person who should ensure his protection and should exercise the child’s right of access to justice. The current legislation has a series of mechanisms to ensure that the trial can be carried out without hinderance caused by the conflict of interests that exists between the child and his legal representative or protector, but there still are areas that have not been covered by laws, which have led to claims addressed to civil courts. Their object is to apply the civil institution of the curator for the minor who has expressed a wish to end the criminal trial by reconciling with the parent infringer and because of this particularity they can generate different solutions in practice, as it will be shown in the present study.
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This article represents a theoretical study of the tangents between criminal law and family law regarding the divorce procedure, containing a criminal approach of this institution, sprinkled with aspects of civil law. Being a theoretical study accompanied by numerous hypothetical examples, the material reviews, in the first part, the influence of a divorce procedure or decision on the applicability of some criminal law institutions from the general part of the Criminal code, with references to the incriminations in which they are applicable. In this paradigm, the notion of “family member”, elements of the legal content of the crime, including the position of guarantor, some justifying and non imputability causes, some punishments, and the extended confiscation are studied. In the second part, the perspective is reversed, as the way in which criminal law can interfere in the divorce procedure is analysed, whether we are talking about material or procedural civil law rules, such as reasons for divorce, consent to divorce, and the patrimonial consequences of divorce.
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In this time of uncertainty, during which the pandemic caused by the SARS CoV 2 coronavirus has changed the daily life into an emotional turmoil, leading us, at the same time, to abandon the routine and the daily concerns, and technology has “covered” almost all activities and financial problems have suddenly appeared (again), the cohabitation of family members needs a restart for adaptability to new changes. At present, in the pandemic context, new crisis, uncertainty periods have laid hands on us; we are on the thin line between fear and hope. The fear for a uncertain and problematic future, regarding the unspoiled maintenance of family, interpersonal relationships, leads us towards emotional instability, however, despite all these issues, the hope for identifying a new interior strength which is imperative for maintaining or, as the case may be, renewing the family relationships makes us powerful and thus, we can envisage a bright future, in which these relationships will be involved in a harmonious chain with the feelings being stored inside all family members and more. Isolation or, if appropriate, the measure of quarantine should bring us closer to each other, benefiting from the time spent together, and the conflicts which have usually been difficult to manage, should be settled. Although being optimistic, we could consider these measures taken by the authorities as an opportunity to know each other, to do things and share experiences, “activities” which, because of daily bustle have been ignored, we can’t stop finding that, to an equal extent, these measures ordered by authorities may cause deep injuries, states of anxiety, disagreements, which, finally, determine the intervention of the courts to settle interfamily conflicts. In this study we deal with the analysis of the impact of the pandemic caused by the SARS CoV 2 coronavirus over family relationships, especially on maintaining the personal relationships between the child and the non resident parent, on the fulfilment of the obligation to support the minor child, on the conduct of the psychosocial inquiry necessary in civil proceedings concerning minors, on the suspension of the term of reflection granted in the case of divorce by a notarized deed and, why not, on the two year deadline established by the legislator as a ground for divorce.
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In this time of uncertainty, during which the pandemic caused by the SARS CoV 2 coronavirus has changed the daily life into an emotional turmoil, leading us, at the same time, to abandon the routine and the daily concerns, and technology has “covered” almost all activities and financial problems have suddenly appeared (again), the cohabitation of family members needs a restart for adaptability to new changes. At present, in the pandemic context, new crisis, uncertainty periods have laid hands on us; we are on the thin line between fear and hope. The fear for a uncertain and problematic future, regarding the unspoiled maintenance of family, interpersonal relationships, leads us towards emotional instability, however, despite all these issues, the hope for identifying a new interior strength which is imperative for maintaining or, as the case may be, renewing the family relationships makes us powerful and thus, we can envisage a bright future, in which these relationships will be involved in a harmonious chain with the feelings being stored inside all family members and more. Isolation or, if appropriate, the measure of quarantine should bring us closer to each other, benefiting from the time spent together, and the conflicts which have usually been difficult to manage, should be settled. Although being optimistic, we could consider these measures taken by the authorities as an opportunity to know each other, to do things and share experiences, “activities” which, because of daily bustle have been ignored, we can’t stop finding that, to an equal extent, these measures ordered by authorities may cause deep injuries, states of anxiety, disagreements, which, finally, determine the intervention of the courts to settle interfamily conflicts. In this study we deal with the analysis of the impact of the pandemic caused by the SARS CoV 2 coronavirus over family relationships, especially on maintaining the personal relationships between the child and the non resident parent, on the fulfilment of the obligation to support the minor child, on the conduct of the psychosocial inquiry necessary in civil proceedings concerning minors, on the suspension of the term of reflection granted in the case of divorce by a notarized deed and, why not, on the two year deadline established by the legislator as a ground for divorce.
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It often happens that a spouse builds a construction on the land owned exclusively by the other spouse. As long as the marriage lasts, the legal status of the construction is usually unimportant for the spouses. Still, in case of divorce or when the marriage is annulated or it ends, the problem of the rights over the building becomes topical. The paper aims to address this issue, respectively to analyze the legal regime of the building in relation to the spouse who owns the land and the one who built it. In this line, after a short analysis of the relevant issues regarding the patrimonial relations between the spouses, the paper brings into view the main solutions proposed by the legal scholars on the topic and the possible counterarguments to those solutions and in the end we present our own optic on the issue. In a nutshell, we concluded that if no authentic contract that provides a superficies right for the builder was concluded or the owner of the land has not expressively renounced on his right of accession, the builder cannot acquire a property right on the construction, regardless if he builds it with the consent of the other spouse or even together with him.
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In order to avoid incestuous relationships and also for biological and moral reasons, the lawmaker expressly prohibited marriage between persons related to certain degrees. The prohibition of marriage between close relatives is based on biological or medical reasons, since conception of children by close relatives does not ensure the birth of a healthy offspring, but also on reasons of moral nature, as marriages between close relatives can have a negative influence on the family life.
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Maternity of substitution is intended to offer a child to one or several adults. This consists in the deliberate conception of a child, who is without a family of origin, by manipulating his birth and his biological mother to satisfy the desire of the beneficiary adults. Therefore, the legitimacy of surrogacy is at least debatable. However, considering the old realities of the current Romanian society, in the present study we proposed by lege ferenda the possible implementation in the legislation of altruistic surrogate maternity, under certain conditions.
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The work aims to analyse o the actions for alimony, especially concerning pleadings for civil imprisonment, whether the previous ones or the new ones. The coronavirus pandemic will bring a new guise to the legal rules.
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The status of the family dwelling during the course of the marriage contains certain particular rules that have the purpose to prevent legal problems that can result from marital tensions. The present study analyses aspects regarding the legal frame, certain practical problems that can appear in the process of implementing the legal provisions and the means in which the family dwelling is protected.
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The paper analyses the relation between child’s best interest principle and the principle of Court’s active in judicial proceedings, aiming to show that though first is rather substantial in nature and last procedural, the two interact in multiple ways. Still, in all circumstances, the Court must apply the two principles considering the legal framework and the limits that are set by it. In this regard, after a short presentation of the research premises, the paper focuses on the two principles, underlining the main elements of particularity. The second part of the paper, and the most comprehensive, addresses the contact points between child’s best interest and the active role of the court, distinctively analysing the aspects that expressly regulated and those that can be rather deduced by way of interpretation. Among others, things such as the court censorship of disposition acts, ex officio examination of some aspects, child’s home, child’s hearing, or the censorship of parent’s agreements are being are being considered.
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Undoubtedly, the principle of biological truth constitutes the fundament of the civil status actions regarding parentage, the legitimate interest being to remove legal presumptions if they do not match the biological reality. However, sometimes, it might be better to preserve the stability of legal and family relationships. The aim of this study is to determine to what extent, within the scope of Article 432 of the Civil Code (action to challenge the legal father’s paternity brought by the presumed biological father), the Romanian legislature was able to strike a fair balance between the principle of biological truth and the principle of the best interests of the child; does the national judge have a wide margin of appreciation in order to weight the competing interests?
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The aim of the paper is to attempt defining factors which collectively should be used by the instruments of tax and social policy to receive effective support of family policy and obey the rule of justice respectively. The instruments of tax policy are tax relieves such as tax remissions, whereas the social policy uses the social transfers. Because of the contemporary challenges of the family policy the state should use instruments of both of these policies.
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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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The legal culture can offer one of the most accurate characterizations of the legal system nowadays in the conditions of legal pluralism and globalization, but also in migrational conditions as well. In this direction one of the most important aspects may be the best interest of the child. In recent years, legislatures of many Muslim countries have revised the conventional Islamic rules on child custody. Whereas in the past, rules were oriented on fixed age brackets and the genders of the parent and child, they have increasingly been formulated in favour of the principle of the best interests of the child and/or in favour of the mother through an extension of the custodial time period afforded to her as a matter of law. In the following study I was only underlining the importance and the relevance of the legal culture on this aspect of best interest of the child, as well as the influence of the general/religious culture on some of the laws in Egypt. The material contains a historical perspective on the evolution of domestic rules on parental care and on the introduction and development of the notion of the best interests of the child. Further, it considers social and cultural factors and discuss the particular characteristics in Egypt before analysing the policies and agendas of national legislature and other stakeholders which have led them to amend law in a specific direction. Finally, significant attention has been given to legal practice and the role of the judiciary in interpreting the principle of the best interests of the child.
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The best interests of the child are a flexible concept in time and space. Several challenges regarding children’s rights have attracted our attention and are the subject of our concerns in this paper: gender identity, access to biological origins and the right to affiliation in the case of medically assisted human reproduction.
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