THE BEST INTEREST OF THE CHILD. CONCEPT ANALYSIS FROM THE PERSPECTIVE OF THE REGULATIONS OF THE NEW ROMANIAN CIVIL CODE

Abstract

The authors present, in a meticulous approach, the concept of best interest of the child, as it is regulated from the perspective of the new Romanian Civil Code.
After a brief presentation of Romanian legislation regarding the concept of the best interest of the child, the authors make a relevant study upon, in the global context of the new legislation.
First, the authors study the provisions of paragraph 273, which states the best interest of the child as a concept with general applicability in all fields of the law.
Also, the authors expose in detail a comparative study of this concept with others from the new Civil code, as the parental authority, adoption and tutorship.
Second, after a study of the foreign jurisprudence and doctrine, the authors propose elements to be considered in the study of the application of the concept of the best interest of the child, in family matters, once the new Civil code comes into force.
In conclusion, you can say that this article, by its new subject, represents a contribution to the doctrine to appear as a result of the new provisions of the Romanian Civil Code.