November 2018 - Quick Consulting

Parenting Filiation in Romania The affection for mother

The deadline for declaring birth

-15 days for the baby born alive

-3 days for the baby born dead

-when the live-born child has died within the 15-day period, the declaration is made within 24 hours of death

If these deadlines have not been met:

– within 1 year the declaration is made with the mayor’s approval

-from the first passing of the birth the declaration is made to the court on the basis of supporting documents

Proof of parental affiliation

– based on the birth registration statement

– on the basis of the late court decision of birth

– the birth certificate and the birth certificate are drawn up

Establishment of parental affiliation through recognition

-recognition was not recorded in the marital status registry

– the child was registered as unknown parents

Establishment of parental affiliation through a court order

-which is not mentioned in the birth certificate; when it is found that the reality does not correspond to the birth certificate

-the action belongs only to the child (starts with the legal representative)

-action is imprecise; if the child died the heirs can bring the action within one year

– Any evidence can be given as evidence of the parentage

Presumption of parentage

– no person can dispute the relationship with the mother as a result of his or her birth certificate

-you can not challenge the affiliation with my mother; of the person who holds a state ownership in accordance with his birth certificate

– if the presumption does not correspond to the biological truth, it can be overturned by a court decision

Filiation by father

Legal time of the child’s concept; the time interval between three hundred and one hundred and eighty days before the child’s birth.

The probative force of presuming the legal time of the child’s conception; The assumption acquires a relative character in the sense that; by means of scientific evidence can be proved the concept; child in a certain period of time or even outside of this interval.

Presumption of paternity

– the affiliation with father is established by the effect of the assumption of paternity

-the child during the marriage is presumed to be the husband’s father.

-paternity conflicts

1.the child is conceived during a marriage that has ceased
2.the husband was declared dead and the surviving wife recovered; less than 300 days from the end of the second marriage

Action in paternity tagada

-paternity can be denied if it is impossible for the mother’s husband to be the father of the child; solution maintained in art. 414 alin (2) C. Civ.

-the titles of the action in the paternity tagada: the mother of the child, the child, the biological father, the mother’s husband.

Mother’s husband

-The prescription term is 3 years

– the person against whom the action is brought; against the child or against the mother if the child is deceased

The child’s mother

-The prescription term is 3 years

-can introduce action against the husband; if he is deceased against his heirs

The child

-action is not prescribed during child’s life; after the child has increased it can take action for 3 years

-the child can take action against the husband; if he is deceased against these heirs

Biological father

-action is not prescribed during the child’s life

-the action starts against the husband of the mother and the child; if they are deceased, the action is brought against the heirs

Filiation with the father outside the marriage

-you can establish by recognition

-or forced by court order

1.the action belongs to the child
2.action is imprecise
3.can be confessed / demonstrated by scientific methods

November 2018 - Quick Consulting

Abolition of marriage

Cases of nullity

Classification

-from regulation: expressive or virtual

-from interest protected: absolute and relative

The absolute nullities of marriage
Insignificant fundraising

-lips of sex difference

-Law of consent

– Breach of legal provisions on matrimonial age

– the marriage’s effectiveness

1.is marriage concluded for purposes other than the founding of a family
2.the legal nature is that of the simulation
3.the agreement is simulatory
4.the simulation effects can not be applied because the simulation is encountered in patrimonial documents

-the nullity of fictional marriage

1.lack of the necessary cause of marriage; the unlawful cause because it pursues another purpose
2.lack of consent
3.fraud law

– The fictive marriage certificate can be done with any means of proof

– the invalidity can be covered if, after marriage, normal family relationships are formed; if the wife is pregnant or has passed 2 years after the close of marriage

The elements on which it can be found that a marriage of convenience:

1.matrimonial cohabitation does not exist
2.Wives did not meet before marriage
3.lack of an effective contribution to the fulfillment of the obligations of marriage
4.the spouses do not speak a language understood by both
5.there is data that one of the husbands had previously completed a conventional marriage
6.Wives are inconsistent; there are inconsistencies in the disclosure of personal data or the circumstances in which they were known (or other relevant data about them)
7.the end of the marriage was conditioned by the payment of a sum of money between spouses; with the exception of the amounts received as a grant

Negative background negations

– marriage marriage by a married person

-inclusion of marriage between relatives of a degree prohibited by law

-checking the marriage ended with mental alienation or mental debilitation

-units that sanction the violation of formalities at the celebration of marriage

-the violation of the material competence of the civil status officer

-the marriage ended with the violation of the formalities stipulated by the law for its celebration

The Legal Regime of Absolute Nullity of Marriage

– Or the interested person can bring the action

-this action is impressible

-the ability to cover absolute nullity

1.those caused by the marriage breakdown
2.those imposed by the degree of kinship impediment; if the birth dispensation was obtained even after the marriage ended
3.fictive marriage
4.violation of the material incompetence of the civil status officer

– the abbreviation can not be covered in the following cases:

1.same-sex marriage
2.in the case of bigamy
3.in the case of marriage between close kinship relatives
4.in case of mental alienation or mental debilitation
5.in case of breach of formalities regarding the marriage celebration publicly and in the presence of witnesses

Relative nullity of marriage

cases

– the passage of laws required by law

-conscientiousness

– Discourse of discernment

-tutela

The legal regime

– Marriage annulment can be requested only by interested persons

-the action prescription is 6months

– the invalidity is covered by the consent of the affected husband

Following the nullity, the wives return to the previous situation as if the marriage had not ended. The husband of good faith keeps some of the effects of marriage.

Canceling marriage is not another way of divorce.

November 2018 - Quick Consulting

Divorceat a distance in Romania can be done under the same conditions; even with the absence of parts. Divorce by married couple’s marital status can also be done by a trustee; but we can not say the same thing about divorce by the husband’s consent to the notary.

In the case of divorce by spouses agreement by court; judicial divorce based on the fault of the parties is not necessary under the conditions provided by the law.

Cases of absence:

1.one of the spouses executes a custodial sentence
2.is prevented from a serious illness
3.is under a court ban
4.has a residency abroad (any similar situation)

In these cases, the person who can not personally present himself / herself can be represented by: lawyer, trustee, guardian or curator. If the applicant is missing at the first trial; the request will be rejected as unsubstantiated. The plaintiff will be able to give up the trial throughout the trial.

The legal assistance contract with the lawyer can be concluded at a distance. The contract can be sent by: email, post, courier, etc; the client will send it back signed by any of the aforementioned medals. All documents in the process card will be scanned and sent by email or courier. From now on, the client is no longer involved.

If parity can not be found, it can be quoted by display or advertising. Check whether the paratrooper lives at the citation address; it can be quoted at another address or even at work.

In order for the decision to become final more quickly, parties may waive the appeal. Discarding can be done by authentic signing; or in front of the personal court.

The decision will no longer be motivated if both parties ask for the same thing.