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Transfrontality Filiation Aspects

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  • Călina JUGASTRU

    (“Lucian Blaga” University of Sibiu, Faculty of Law)

Abstract

Parentage with extraneity is regulated in national legal systems, in various forms and (especially as regards the modalities of the creation of the kinship), sometimes fragmentary. The natural family ties and civil filiation have, as sources, the Civil Code and special legislation for adoption, cases where Romanian law is lex fori. The provisions of the Seventh Book of the Civil Code are circumscribed to the rules of identification of the applicable law and the area of it for filiation born of marriage, for filiation outside marriage, for substantive conditions, formalities and the nullity of the adoption. The rules used to determine the law are adapted to the recipients (for example, to the child - in the case of the name or to the mother, for the expenses of the birth). Medically assisted procreation is regulated only in substantive law, but these provisions are applicable to cross-border legal relationships.

Suggested Citation

  • Călina JUGASTRU, 2017. "Transfrontality Filiation Aspects," Jurnalul de Studii Juridice, Editura Lumen, Department of Economics on Behalf of Petre Andrei University Iasi, vol. 1(12), pages 19-36, June.
    • Handle: RePEc:lum:rev4rl:v:1-2:y:2016:i::p:19-36
    DOI: https://doi.org/10.18662/jls/2
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    1. Călina JUGASTRU, 2017. "Transfrontality Filiation Aspects," Jurnalul de Studii Juridice, Editura Lumen, Department of Economics on Behalf of Petre Andrei University Iasi, vol. 12(1-2), pages 19-36, June.
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    1. Călina JUGASTRU, 2017. "Transfrontality Filiation Aspects," Jurnalul de Studii Juridice, Editura Lumen, Department of Economics on Behalf of Petre Andrei University Iasi, vol. 12(1-2), pages 19-36, June.

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      More about this item

      Keywords

      cross-border relations; filiation; natural family ties; civil filiation; lex causae; field of application;
      All these keywords.

      JEL classification:

      • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate

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