Aspecte teoretice și practice în dreptul intern și internațional privind stabilirea domiciliului minorului Theoretical and practical aspects in domestic and international law regarding the establishment of the minor’s domicile
The issue of establishing the minor's domicile, in the context of parental separation, is an important point of interest, both in domestic and European procedures. The principle of the best interests of the child is without any doubt a starting point in the interpretation of the relevant rules...
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| Format: | Article |
| Language: | English |
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Editura Universității „Alexandru Ioan Cuza” din Iași
2021-06-01
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| Series: | Analele Ştiinţifice ale Universităţii "Al.I. Cuza" din Iaşi. Ştiinţe Juridice |
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| Online Access: | https://pub.law.uaic.ro/ro/volume-publicate/2021/anale-uaic-tomul-lxvii-stiine-juridice-nr.-i/drept-privat/nicoleta-luiza-gache-aspecte-teoretice-i-practice-in-dreptul-intern-i-...-1 |
| Summary: | The issue of establishing the minor's domicile, in the context of parental separation, is an important point of interest, both in domestic and European procedures. The principle of the best interests of the child is without any doubt a starting point in the interpretation of the relevant rules in question. Romania's accession to the European Union and the free movement of the people, in addition to the added value it brought, inevitably created a series of problems related to the incidental norms in solving family law proceedings. Regulation (EC) no. Council Regulation (EC) No 2201/2003 was an important starting point in resolving this issue. Inevitably, social and economic developments have an impact on the migration of the workforce that makes its mark and on the establishment of families in states other than the one of origin. Legislative differences are obvious and mark possible crises, often one of the parties being in a state of obvious vulnerability. This study analyzes the competent court to decide on the establishment of the minor's domicile, depending on where he is at the time of the appeal, as well as the possibility of further dismissing the case to a foreign court, following the change of the minor's actual domicile. |
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| ISSN: | 1221-8464 2537-3048 |