Challenges of the Knowledge Society (May 2012)
CONSIDERATIONS REGARDING THE AMENDMENTS TO LEGISLATION ON CHILD PROTECTION THROUGH THE NEW CIVIL CODE
Abstract
The new Civil Code came into force on 1st of October 2011, has brought some changes to the two main acts of child protection, namely Law no. 272/2004 on the protection and promotion of children rights and 273/2004 Law on the legal status of adoption.These changes are not entirely beneficial, in our opinion, the purpose of this paper is to analyze and comment on articles that have been changed.Will be analyzed in relation to guardianship matters, persons who may be custodians, when the measure of guardianship, who appointed guardian, the substantive adoption, consent to adoption, the date at which effects occur adoption.Even if we agree that some changes were needed to ensure better protection of child rights, the proposed and introduced by the new Civil Code, which repealed the Family Code and numerous special laws (such as the two which form the subject of this analysis), not as a whole likely to achieve this goal, some of which are wrong in terms of legislative technique, others at odds with practical reality.
