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BRIEF CONSIDERATIONS AS TO THE JOINT EXERCISE OF PARENTAL AUTHORITY AFTER DIVORCE

Elisabeta SLABU

Abstract: The purpose of this study is to determine whether changes in the legislation on the exercise of parental authority brought positive changes in the lives of children whose parents have divorced. The methods used, i.e. comparison and observation, support the scientific approach in order to draw conclusions on the achievement of the ultimate aim of both legislative changes and study, respectively ensuring the best interests of the child. The rule of joint exercise of parental authority for children after the parents' divorce was introduced in the Romanian legal system at the time of the entry into force of the new Civil Code, respectively in 2011, taking also into account the fact that this rule applies in many other states of the European Union. The best interests of the minor require maintaining the child in a balanced family environment, in the presence of both parents, since the risk of breaking the child's spiritual balance is very high along with his or her giving to one of the two parents. Unfortunately, in most cases where the divorce or separation of parents occurs, the access of the nonresident parent to his/her own child becomes difficult to achieve, in which case it is useful to organize a program of personal relations meant to ensure the continuity of the nonresident parent's presence in the child's life. At this moment it is required the experience of the judge, who, taking into account all the aspects specific to each case, to find the best solution for ensuring the respect of the best interests of the child. The exercise of child joint custody may be beneficial for the child, sometimes not, depending on the attitude of each parent, and the judge will have to choose the best solution for each child, each case being different from the other case. And the parents should be advised and trained by specialized personnel so as to take upon themselves learnedly the new situations that they will face during the joint exercise of parental authority, in order to achieve the best interest of the child.

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Volume X, special issue I, December 2019, posted at 23th of December 2019

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INTERNATIONAL PROTECTION IN THE EUROPEAN UNION

Ana Maria BOLBORICI

 

UE Law and Comparative Law

THE MARGIN OF APPRECIATION RECOGNIZED FOR THE SIGNATORY STATES OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS IN THE FIELD OF MEDICALLY ASSISTED HUMAN REPRODUCTION

Georgeta Bianca SPÎRCHEZ

TRENDS REGARDING FINES AND SANCTIONS IN COMPETITION LAW, LABOR LAW AND DATA PROTECTION LAW

Barbu Silviu GABRIEL

Goga Alexandru SILVIU

REGULATION (EU) NO. 2015/848 A MEANS OF STREAMLINING INSOLVENCY PROCEEDINGS CONCERNING A DEBTOR WHOSE CENTER OF MAIN INTERESTS IS LOCATED WITHIN THE EUROPEAN UNION *

Anca Roxana BULARCA

THE POSSIBILITY OF A COMMON EUROPEAN LAND REGISTRY WITHIN THE CURRENT LEGAL FRAMEWORK

Gabriel Bogdan CHIHAI

BRIEF ANALYSIS OF THE EUROPEAN UNION'S DIRECTIVES IN THE AREA OF WATER PROTECTION AND THE LEVEL OF THEIR NATIONAL IMPLEMENTATION*

Ramona DUMINICĂ

EUROPEAN CITIZENS’ INITIATIVE: NEW RULES, NEW TREND?*

Angela Maria ROMITO

DYNAMICS AND TOOLS OF ‘UPWARD CONVERGENCE’ IN THE EU SOCIAL POLICY: ASSESSING THE EUROPEAN STATES’ PERFORMANCE UNDER THE EUROPEAN PILLAR OF SOCIAL RIGHTS

Cristina PĂTRAŞCU

 

International Law

THE RIGHT TO GOOD ADMINISTRATION – IS THE CONSTITUTIONAL REGULATION NECESSARY?

Oana ŞARAMET

OSCILLATING BETWEEN DIFFERENT TYPES OF PUBLIC CONTRACTS REGARDING THE CONSTRUCTION OF A HIGHWAY

Cătălina-Georgeta DINU

ASPECTS OF PERSONAL DATA PROCESSING BY ROMANIAN CIVIL COURTS ACTING IN THEIR JUDICIAL CAPACITY

Adrian CRISTOLOVEAN

GENERAL ASPECTS ON ACADEMIC ETHICS

Cristinel GHIGHECI

JURISPRUDENCE IN ANCIENT ROME

Cristinel-Ioan MURZEA

BRIEF THEORETICAL AND PRACTICAL CONSIDERATIONS CONCERNING CRIMES AGAINST LIFE. POSSIBILITY OF COEXISTENCE OF MANSLAUGHTER AND HOMICIDE WITH REGARD TO THE SAME VICTIM

Constantin Ioan GLIGA

ASPECTS REGARDING THE CRIMINALIZATION AND INVESTIGATION OF THE OFFENCES RELATED TO TERRORIST ACTIVITIES IN ROMANIAN LEGISLATION

Adrian Cristian MOISE

SHORT CONSIDERATIONS ON THE SCOPE OF THE RIGHT TO A FAIR TRIAL PROVIDED BY ART. 6 OF THE ECHR – THE CONCEPT OF ”CRIMINAL CHARGE”

Mihai GURAN

THE DEFENDANT’S RIGHT TO REMAIN SILENT AND NOT INCRIMINATE HIMSELF ACCORDING TO THE CRIMINAL PROCEDURE CODE. THE RESPECT OF THE PROVISIONS OF ARTICLE 6 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS

Maria Magdalena BÂRSAN

CONSIDERATIONS REGARDING THE DEPRIVATION OF LIBERTY OF JUVENILES IN CRIMINAL MATTERS, IN LIGHT OF NATIONAL AND INTERNATIONAL REGULATIONS

Gabriela Nicoleta CHIHAIA

CRIMINOLOGICAL LANDMARKS FOR EXPLAINING CAUSES OF CRIME

 

Articles (Studies, discussions, comments)

ABOUT VACANT INHERITANCE

Diana-Geanina IONAŞ

BRIEF CONSIDERATIONS AS TO THE JOINT EXERCISE OF PARENTAL AUTHORITY AFTER DIVORCE

Elisabeta SLABU

THE DISPUTE OVER INVOKING ABUSIVE CLAUSES INSERATED IN BANKING CONTRACTS IN THE TRIAL OF A CONTESTATION OF THE EXECUTION – ALIGNMENT TO EUROPEAN TRENDS IN THE MATTER

Adriana Ioana PÎRVU

ABOUT THE RES JUDICATA AUTHORITY OF THE REORGANIZATION PLAN AND/OR OF THE MEASURES TAKEN BY THE JUDICIARY ADMINISTRATOR OR LIQUIDATOR WITHIN THE FRAME OF THE INSOLVENCY PROCEDURE

Ioan SCHIAU