THE FILIATION OF THE CHILD BORN OUT OF WEDLOCK IN ROMANIAN PRIVATE INTERNATIONAL LAW
Keywords:
Child, mother, father, the law governing the filiation of the child born out of wedlock, the law governing the father's liability, Romanian Civil Code.Abstract
The legal origin of the provisions referring to the filiation of the child born out of wedlock in Romanian private international law lies in S.2605 and S.2606 Civil Code.
S.2605 of the Civil Code with the marginal name “Applicable law” provides: “The filiation of the child born out of wedlock is established according to the national law of the child from the date of birth. If the child has several citizenships, other than the Romanian one, the law of the citizenship which is most favourable to him/her is applied. (Paragraph 1) The law provided in (1) shall apply in particular to the recognition of filiation and its effects, as well as to the challenge of recognition of filiation. " (Paragraph 2)
S.2606 of the Civil Code, with the marginal name "Father's liability", provides: "The mother's right to demand that the father of the child born out of wedlock be liable for expenses during pregnancy and childbirth is subject to the mother's national law."
The article aims to show which is the law that governs the filiation of the child born out of wedlock and which is the law that governs the father's liability.
References
Diaconu, N. (2019). Private International Law. Bucharest: „Fundatia Romania Mare” Publishing House.
Romanian Civil Code (2011) adopted Law no.287/2009 Law on the Civil Code, published in the Official Gazette of Romania, Part I, no.511 of July 24, 2009.
Sitaru, D-A. (2013). Drept internațional privat. Partea generala. Partea speciala-Normele conflictuale in diferite ramuri Si instituții ale dreptului international privat (Private international law. The general part. Special part - Conflicting norms in different branches and institutions of private international law), Bucharest: C.H. Beck Publishing House.
