OCROTIREA PĂRINTEASCĂ ÎN DREPTUL INTERNAŢIONAL PRIVAT: ASPECTE COMPARATIVE

Liliana ROTARU-MASLO, Victor CARAUŞ Academia de Studii Economice din Moldova

Rezumat

The underage is the person who by virtue of his young age, needs a special protection from those around him, but first of all from his parents. This issue is included in the majority of official normative documents, including the Constitution of Republic of Moldova, which stipulates in article nr. 53 that every child is assured with the observance of his legitimate rights and interests, furthermore the protection of them is guaranteed by parents or those who act in name of parents, or in cases stipulated by law – by public prosecutor, the tutelage authority or by other public representatives. In other words, the first persons who are called to assure and guarantee the child’s rights and legal interests are his parents. The parents’ protection is an obligation regulated by law. Nowadays in the legislation of other countries as Romania, Belgium, Turkey or Quebec as a synonym for the notion “parental protection” one use the notion of “parental authority” and is explained as the aggregate of rights and obligations which concern both the person and the child’s goods which belong in equal amount to his parents and which are applied in the direct superior interest of the child. The duration of the parents authority is established for a term since the child is in coming of age.