THE FILIATION OF THE CHILD BORN OUT OF WEDLOCK IN ROMANIAN PRIVATE INTERNATIONAL LAW

Nadia-Cerasela Anței ()
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Nadia-Cerasela Anței: PhD Professor, Faculty of Law, Social and Political Sciences, “Dunărea de Jos” University, Galați, Romania

Jurnalul de Studii Juridice, 2020, vol. 15, issue 1-2, 1-4

Abstract: The legal origin of the provisions referring to the filiation of the child born out of wedlock in Romanian private international law lies in S.2605 and S.2606 Civil Code. S.2605 of the Civil Code with the marginal name “Applicable law” provides: “The filiation of the child born out of wedlock is established according to the national law of the child from the date of birth. If the child has several citizenships, other than the Romanian one, the law of the citizenship which is most favourable to him/her is applied. (Paragraph 1) The law provided in (1) shall apply in particular to the recognition of filiation and its effects, as well as to the challenge of recognition of filiation. " (Paragraph 2) S.2606 of the Civil Code, with the marginal name "Father's liability", provides: "The mother's right to demand that the father of the child born out of wedlock be liable for expenses during pregnancy and childbirth is subject to the mother's national law." The article aims to show which is the law that governs the filiation of the child born out of wedlock and which is the law that governs the father's liability.

Keywords: Child; mother; father; the law governing the filiation of the child born out of wedlock; the law governing the father's liability; Romanian Civil Code (search for similar items in EconPapers)
JEL-codes: A23 (search for similar items in EconPapers)
Date: 2020
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Persistent link: https://EconPapers.repec.org/RePEc:lum:rev4rl:v:15:y:2020:i:1-2:p:1-4

DOI: 10.18662/jls/15.1-2/56

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