Brief Considerations Regarding the Competence of the Central Authorities in Matters of Filiation, in the Context of the Proposal for a Council Regulation on the Creation of a European Certificate of Parenthood

The study aims to present and analyse the competence of the central authorities in the matter of filiation according to the Proposal for a Council Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood and according to the regulations in Romanian law such as: Civil Code, Law no. 119/1996 regarding civil status documents, Government Ordinance no. 84/2001 regarding the establishment and operation of community public services for the registration of persons. The authors present due clarifications regarding the dichotomy of the provisions of Romanian law (Romanian private international law, civil law and the regulations from the normative acts stipulated in the paragraph above) and the correspondence with the Council's Proposal for a regulation on filiation, noting the competence, the applicable law, respectively the recognition. Next, the paper will present the competent authorities from the perspective of the proposed Regulation and Romanian law. In conclusion, the authors will present de lege ferenda what changes would be made to the provisions of Romanian law by adopting the Proposal for a Regulation of the Council regarding jurisdiction, the applicable law, the recognition of court decisions and the acceptance of authentic documents in matters of filiation and regarding the creation of a European certificate of filiation considering that there will be rules of immediate application. Keywords: Central authorities; Child; Filiation; Parents; Private international law; Romanian law.

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Publication Details

Journal
Athens Journal of Law
Published
2024-09-30
DOI
https://doi.org/10.30958/ajl.10-4-17
Primary Topic
European and International Law Studies
Type
article
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article

Brief Considerations Regarding the Competence of the Central Authorities in Matters of Filiation, in the Context of the Proposal for a Council Regulation on the Creation of a European Certificate of Parenthood

Raluca Laura Dornean Păunescu, Nadia-Cerasela Aniţei
Athens Journal of Law
European and International Law Studies
article

Brief Considerations Regarding the Competence of the Central Authorities in Matters of Filiation, in the Context of the Proposal for a Council Regulation on the Creation of a European Certificate of Parenthood

Raluca Laura Dornean Păunescu, Nadia-Cerasela Aniţei
article en

Abstract

The study aims to present and analyse the competence of the central authorities in the matter of filiation according to the Proposal for a Council Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood and according to the regulations in Romanian law such as: Civil Code, Law no. 119/1996 regarding civil status documents, Government Ordinance no. 84/2001 regarding the establishment and operation of community public services for the registration of persons. The authors present due clarifications regarding the dichotomy of the provisions of Romanian law (Romanian private international law, civil law and the regulations from the normative acts stipulated in the paragraph above) and the correspondence with the Council's Proposal for a regulation on filiation, noting the competence, the applicable law, respectively the recognition. Next, the paper will present the competent authorities from the perspective of the proposed Regulation and Romanian law. In conclusion, the authors will present de lege ferenda what changes would be made to the provisions of Romanian law by adopting the Proposal for a Regulation of the Council regarding jurisdiction, the applicable law, the recognition of court decisions and the acceptance of authentic documents in matters of filiation and regarding the creation of a European certificate of filiation considering that there will be rules of immediate application. Keywords: Central authorities; Child; Filiation; Parents; Private international law; Romanian law.

Athens Journal of LawVol. 10(4)
Openalex Percentile: Top 74%
European and International Law Studies
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