Examen critic în legătură cu egalitatea în faţa legii a copiilor din afara căsătoriei cu cei din căsătorie

dr. TEODOR BODOAŞCĂ*

* bodoasca_teodor@yahoo.com

Prof. univ. - Facultatea de Drept, Universitatea "Dimitrie Cantemir", Târgu-Mureş

ABSTRACT

By means of this study, the author tends to point out that, despite the principle of "equality before the law of the children born out of wedlock to the children born in wedlock", provided by Article 48 (3) of the Constitution and reaffirmed by Article 260of the Romanian Civil Code, in the Romanian law, no less, there are situations of "different legal treatment" of the two categories of children. Specifically, it is raised for discussion the different legal regulation of some aspects, as in the cases relating to: "determination of the paternity", "acquiring the name", "confirmation of the filiation" and "prohibition of the adoption of children whose parents did not reach the age of 14". Likewise, for the situations noted, the author substantiates...