Ocrotirea părintească în dreptul internaţional privat: aspecte comparative
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ROTARU-MASLO, Liliana, CARAUŞ, Victor. Ocrotirea părintească în dreptul internaţional privat: aspecte comparative . In: Studia Universitatis Moldaviae (Seria Ştiinţe Sociale), 2011, nr. 8(48), pp. 157-162. ISSN 1814-3199.
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Studia Universitatis Moldaviae (Seria Ştiinţe Sociale)
Numărul 8(48) / 2011 / ISSN 1814-3199 /ISSNe 2345-1017

Ocrotirea părintească în dreptul internaţional privat: aspecte comparative

Pag. 157-162

Rotaru-Maslo Liliana, Carauş Victor
 
Academia de Studii Economice din Moldova
 
 
Disponibil în IBN: 30 septembrie 2015


Rezumat

The underage is the person who by virtue of his young age, needs a special protection from those around him, but first of all from his parents. This issue is included in the majority of official normative documents, including the Constitution of Republic of Moldova, which stipulates in article nr. 53 that every child is assured with the observance of his legitimate rights and interests, furthermore the protection of them is guaranteed by parents or those who act in name of parents, or in cases stipulated by law – by public prosecutor, the tutelage authority or by other public representatives. In other words, the first persons who are called to assure and guarantee the child’s rights and legal interests are his parents. The parents’ protection is an obligation regulated by law. Nowadays in the legislation of other countries as Romania, Belgium, Turkey or Quebec as a synonym for the notion “parental protection” one use the notion of “parental authority” and is explained as the aggregate of rights and obligations which concern both the person and the child’s goods which belong in equal amount to his parents and which are applied in the direct superior interest of the child. The duration of the parents authority is established for a term since the child is in coming of age. But the things are getting complicated when one or more external elements occur such as: different citizenship of the child’s parents or of the child regards parents, or the home or residence is different etc. In the article below based on the comparative study of the law of international private laws of several states in the possible existing situations with a foreign element, we conclude that the parents’ protection is noted in correspondence with the situations: ‐ the law of state of common residence of parents with their children; ‐ the law of state of usual home or residence of the child; ‐ the national law of child; ‐ the law of the state of the child’s citizenship, in case when the parents and the child have different residences; ‐ the law of state which stipulates the filiation; ‐ the law of state which stipulates the parents’ divorce, etc. All these possible variants proposed by the legislators were elaborated with only one purpose: the assurance and guarantee of the parents’ protection including here the duty of keeping. Considering the above mentioned, one can notice the accumulation of possible variants in the context of the international private law reports. But no matter the approached variant – all of them have only one finality – the protection of the underage and his necessities. No matter the way of law determination which guides the parents’ protection, it will stipulate the following: a) the cases when it is instituted the parents’ protection and the age till its existence; b) the cases when the parents’ protection don’t imply both parents, but only one of them or when it comes separately to both parents; c) the extension of parents’ protection meaning if it takes into consideration the person and goods of the underage or only the person of the underage; d) the rights and obligations of the parents; e) the documents which can be done by the child independently and not; f) the sanction of breaking the legal provisions concerning and exercise ability of the underage and the conditions in which the sanction can be invoked, for example the act’s nullity, the persons who can invoke the nullity, the timeframe etc.; g) the decay from the parents’ rights – civil sanction, etc. But no matter the nationality of the child, the priority comes to his superior interest.