Considerations regarding parental authority in Romanian private international law
Daniel Berlingher () and
Cosmina Flavia Sofrag (Bobar) ()
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Daniel Berlingher: “Vasile Goldis” Western University of Arad, Faculty of Law, Arad, Romania
Cosmina Flavia Sofrag (Bobar): “Vasile Goldis” Western University of Arad, Faculty of Law, Arad, Romania; Ph.D. student, Faculty of Legal Sciences, "Lucian Blaga" University, Sibiu, Romania
Juridical Tribune - Review of Comparative and International Law, 2015, vol. 5, issue 1, 130-139
Abstract:
Parental authority is the entirety of rights and obligations concerning both the person and the property of the child and belongs equally to both parents. In Romanian private international law, parental authority is governed by art. 2611 of the Romanian Civil Code. This legal provision is a reference rule which establishes that the law applicable to parental authority and children’s protection is determined under the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children, adopted in Hague on 19 October 1996. This convention is part of the complex process of aligning the Romanian legislation to EU regulations. For an overview of relevant legal regulations addressed by the Convention, in the present study we analyzed the main issues referring to the domain of application of the Convention, the law applicable to child protection measures, parental responsibility, and the recognition and enforcement of measures regarding parental responsibility and child protection.
Keywords: parental authority; conflict of laws; protection measures; parental responsibility. (search for similar items in EconPapers)
JEL-codes: K33 K36 (search for similar items in EconPapers)
Date: 2015
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Persistent link: https://EconPapers.repec.org/RePEc:asr:journl:v:5:y:2015:i:1:p:130-139
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