Termination of parental rights - general view

• Author: Roxana Matefi
• Position: Law Faculty, Transilvania University of Brasov
• Pages: 245-252

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 7 (56) No. 2 - 2014

TERMINATION OF PARENTAL RIGHTS –

GENERAL VIEW

Roxana MATEFI1

Abstract: The current article aims to analyze the institution of termination of

parental rights, an extremely serious sanction which can be applied by the

tutelage institution, in case the parent does not exercise parental protection,

thus committing serious deeds, like those stated by the lawmaker in article 508

first alignment of the Civil Code. Previous to the coming into force of the

current Civil Code, this institution was regulated by the Family Code. At the

beginning of this paper we will study some general notions regarding the

protection of minors also pointing out the principles which govern the exercise

of parental authority. The analysis will continue with the presentation of the

institution of termination of parental rights in regard to regulation and content.

Key words: termination, parental rights, parental authority, obligation to

provide, child protection, principals.

1 Law Faculty, Transilvania University of Braşov.

1. Protection of the minor – general

aspects

The protection of any human being is

defined by doctrine as the “ ensemble of

civil law means through which the

acknowledgement and protection of civil

subjective rights and interests of the

person are ensured, as well as the means

needed to protect the person as a

participant to the civil circuit” [11];

parental protection is t hought to be “the

normal most common way to protect the

minor” [10].

These are both institutions which can’t

be ignored in the context of analyzing

the sanction of termination of parental

rights.

As for the content of parental authority

[9], this is regulated in article 487 of the

Civil Code, according to which “parents

have the right and duty to raise the child,

caring for the child’s health, mental,

physical and intellectual development,

his education and studies, his

professional training in accordance with

their own beliefs and the child’s needs;

they are also accountable for providing

the child with orientation and necessary

advice for him to exercise his legal

rights”.

This institution is governed by a series

of principles:

- Exercise of parental authority in the

best interest of the minor. We must

mention article 483, second alignment of

the Civil Code which states the following

“parents exercise parental authority only

in the best interest of the child, treating

him with respect and involving the child

in all decisions that concern him, in

accordance with his age and maturity”.

- Exercising parental authority

together and equally by both parents.