NOTARY PROCEDURE AND JUDICIAL PROCEDURE FOR THE DIVORCE WITH SPOUSES’ AGREEMENT
Journal Title: Challenges of the Knowledge Society - Year 2013, Vol 3, Issue 0
Abstract
Compared to the old divorce procedures, the dissolution of marriage analysed according to the provisions of the New Civil Code (art.373-404) and the New Code of Civil Procedure (914-934) represents a real legislative innovation. Taking into consideration the judicial procedure, the legislator settles the amicable divorce, referring to spouses’ consent on the divorce, as well as to the divorce caused by one of the spouses’ poor health, and the divorce through no fault of their own. According to the new legal matters, the dissolution of marriage does not come exclusively under court jurisdiction. Thus, as far as the amicable divorce is concerned, even if the spouses have minor children, either of their own or adopted, they have at their disposal not only the judicial procedure, but also the notarial one. If the spouses do not have minor children, they can go to court, but they can also go to the notary public or to the registrar in order to certify the dissolution of marriage of their own accord. The legislator’s preference of the amicable divorce is obvious, especially as the dissolution of marriage of spouses’ own accord does no longer depend on either the length of marriage, or on their not having minor children.
Authors and Affiliations
ANDREEA DIANA PAPA, IULIA FLORINA ŢĂPUŞ
Keywords
Related Articles
- EP ID EP104911
- DOI -
- Views 105
- Downloads 0
ENFORCING ARBITRAL AWARDS IN ROMANIA - ALWAYS A CHALLENGE
Securing a favourable award from a foreign or domestic arbitral court proves to be in many cases only half the battle. As a rule, Romanian law and courts acknowledge the final, binding and enforceable nature of arbitrati...
THE LEGITIMACY OF INCLUDING THE SOCIAL PARAMETERS IN EVALUATING THE HEALTH STATUS IN THE SOCIAL ASSURANCE SYSTEM
The social state crisis encouraged a reductionist tendency which had recently developed in the evaluations of the health status in the social assurance system. A holistic, psycho-medical approach, which took in considera...
INSURANCE OF ASSETS REGULATED BY SPECIAL LAWS
Within the introduction the paper analyzes the main legal hypotheses which may bring into question the binding nature of the insurance. The provisions of the Law no. 136/1995 (Art. 3) provide that, the legislator underst...
FROM THE NATIONAL COUNCIL FOR COMBATING DISCRIMINATION TO THE COURT OF JUSTICE OF EUROPEAN UNION – CASE C-81/12
The scope of this research is to present and analyze national and European, jurisdictional-administrative procedural issues, if courts are notified related to certain discriminatory statements. The starting point of the...
SOFTWARE SOLUTIONS FOR ARDL MODELS
VAR type models can be used only for stationary time series. Causality analyses through econometric models need that series to have the same integrated order. Usually, when constraining the series to comply these restric...