[go: up one dir, main page]
IDEAS home Printed from https://ideas.repec.org/a/lum/rev5rl/v20y2011ip123-137.html
   My bibliography  Save this article

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

Author

Listed:
  • Iolanda Boti

    (lawyer in Montreal, Canada)

  • Victor Boti

    (lawyer in Montreal, Canada)

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.

Suggested Citation

  • Iolanda Boti & Victor Boti, 2011. "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," Buletin Stiintific - Scientific Bulletin, Published by Cugetarea and indexed by Lumen Department of Economics on Behalf on Mihail Kogalniceanu University, vol. 20, pages 123-137.
    • Handle: RePEc:lum:rev5rl:v:20:y:2011:i::p:123-137
    as

    Download full text from publisher

    File URL: http://www.umk.ro/ro/buletin-stiintific-cercetare/arhiva-buletinstiintific/189-buletinul-stiintific-al-umk-20-2011/804-facteurs-a-considerer-par-la-jurisprudence-dans-lanalyse-de-linteret-superieur-de-lenfant-selon-les-regles-du-nouveau-code-civil-roumain.html
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    Civil Code; Romania; child; interest; parental authority; adoption; guardianship; family;
    All these keywords.

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate
    • N44 - Economic History - - Government, War, Law, International Relations, and Regulation - - - Europe: 1913-

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:lum:rev5rl:v:20:y:2011:i::p:123-137. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Antonio Sandu (email available below). General contact details of provider: https://www.umk.ro/ro/buletin-stiintific-cercetare.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.