| Iolanda Boţi, Victor Boţi[1] 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 [1] Dr.Iolanda Boţi is a lawyer in Montreal, Canada. Mr. Victor Boţi is a lawyer in Montreal, Canada. Contact: Tel. +514 8448578; Fax +514 8448677; This e-mail address is being protected from spambots. You need JavaScript enabled to view it |
| Last Updated on Friday, 16 September 2011 07:19 |
| 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 |