FACTORS TO BE TAKEN INTO CONSIDERATION BY THE JURISPRUDENCE IN THE ANALYSIS OF THE SUPERIOR INTEREST OF THE CHILD, ACCORDING TO THE RULES OF THE NEW ROMANIAN CIVIL CODE

Iolanda Boti () and Victor Boti ()
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Iolanda Boti: lawyer in Montreal, Canada
Victor Boti: lawyer in Montreal, Canada

Buletin Stiintific - Scientific Bulletin, 2011, vol. 20, 123-137

Abstract: The authors present in a structured way, the principle of the child’s superior interest as it is regulated in terms of the new Romanian Civil Code, focusing on factors that the case law should take into consideration according to the new regulations. In the first part of the article, the authors develop a pertinent analysis on this principle in the global context of the new legislation. Thus, they analyze article 263 which establishes child’s superior interest as the principle of general application in all areas of law. In this context, the authors conduct a comparative analysis of this principle with other institutions regulated by the new Civil Code, such as parental authority, adoption and guardianship. In the second part of the article, following a review of case law and foreign literature, the authors suggest factors that could be taken into account in analyzing the application of the principle of the child’s superior interest, in family matters, with the coming of the new Civil Code in force. In conclusion, we can say that this article, by the novelty of the addressed subject, is a contribution to the doctrine which arises as a result of the new Civil Code of Romania.

Keywords: Civil Code; Romania; child; interest; parental authority; adoption; guardianship; family (search for similar items in EconPapers)
JEL-codes: A23 N44 (search for similar items in EconPapers)
Date: 2011
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