IDEAS home Printed from https://ideas.repec.org/a/asr/journl/v5y2015i1p130-139.html
   My bibliography  Save this article

Considerations regarding parental authority in Romanian private international law

Author

Listed:
  • Daniel Berlingher

    (“Vasile Goldis” Western University of Arad, Faculty of Law, Arad, Romania)

  • Cosmina Flavia Sofrag (Bobar)

    (“Vasile Goldis” Western University of Arad, Faculty of Law, Arad, Romania; Ph.D. student, Faculty of Legal Sciences, "Lucian Blaga" University, Sibiu, Romania)

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 parental authority and children’s protection is determined under the 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 the 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.

Suggested Citation

  • Daniel Berlingher & Cosmina Flavia Sofrag (Bobar), 2015. "Considerations regarding parental authority in Romanian private international law," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 5(1), pages 130-139, June.
    • Handle: RePEc:asr:journl:v:5:y:2015:i:1:p:130-139
    as

    Download full text from publisher

    File URL: http://www.tribunajuridica.eu/arhiva/An5v1/13%20Berlingher.pdf
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    parental authority; conflict of laws; protection measures; parental responsibility.;
    All these keywords.

    JEL classification:

    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law
    • K36 - Law and Economics - - Other Substantive Areas of Law - - - Family and Personal Law

    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:asr:journl:v:5:y:2015:i:1:p:130-139. 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: Catalin-Silviu Sararu (email available below). General contact details of provider: https://edirc.repec.org/data/aseeero.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.