Considerations regarding parental authority in Romanian private international law

Author:Daniel Berlingher - Cosmina Flavia Sofrag (Bobar)
Position:Western University of Arad, Faculty of Law, Arad, Romania - Teaching assistant 'Vasile Goldis' Western University of Arad Faculty of Law, Arad, Romania
Pages:130-139
SUMMARY

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 ... (see full summary)

 
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Considerations regarding parental authority in Romanian private
international law
Lecturer Daniel BERLINGHER
1
Ph.D. student Cosmina Flavia ȘOFRAG (BOBAR)
2
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 parenta l authority and ch ildren’s protection is determined under th e
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 th e 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, co nflict of laws, protection measures, parental
responsibility
JEL Classification: K33, K36
1. Introductory considerations
The Romanian Civil Code addresses parental authority in Title IV of Book
II, entitled “On Family”, grouping the provisions relating to this institution into
four chapters, as follows: Chapter I “General Provisions” (Art. 483-486), Chapter
II “Parental Rights and Obligations” (art. 487-502), Chapter III “Exercise of
Parental Authority” (art. 503-507), Chapter IV “Loss of exercise of parental
rights”. These provisions are supplemented by those of Law no. 272/2004 on the
protection and promotion of children’s rights, as republished
3
.
1
Daniel Berlingher, “Vasile Goldis” Western University of Arad, Faculty of Law, Arad, Romania,
berlingherdaniel@yahoo.com
2
Cosmina Flavia Șofrag (Bobar), Teaching assistant - “Vasile Goldis” Western University of Arad,
Faculty of Law, Arad, Romania; Ph.D. student, Faculty of Legal Sciences, "Lucian Blaga"
University, Sibiu, Romania; f.cosmina2004@yahoo.com;
3
Law no. 272/2004 was publish ed in th e Official Gazette of Romania, Part I, no. 557 of 23 June
2004, as amended and supplemented by Law no. 257 of 26 September 2013 published in the
Official Gazette of Romania, Part I, no. 607 of 30 September 2013, then republished in the Official
Gazette of Romania, Part I, no. 159 of 5 March 2014.

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