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Law No. 4 Of 4 April 1953 (Republished) Family Code

Original Language Title: LEGE nr. 4 din 4 aprilie 1953 (*republicata*) CODUL FAMILIEI

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LEGE no. 4 of 4 April 1953 (* republished *) (* updated *) FAMILY CODE (updated until November 25, 2010 *)
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----------- *) The family code was adopted by LAW no. 4 of 4.04.1956 and republished in B. Of. no. 13 of 18.04.1956. The paper plays the republished text with the changes that have been made to it by DECREE no. 779/1966 ((B. Of. No. 64 64 of 8.10.1966), LAW no. 3/1970 ((B. Of. No. 70 70 of 25.06.1970), DECREE no. 174/1974 ((B. Of. No. 108 108 of 1 August 1974), LAW no. 11 11 of 31 July 1990 , LAW no. 48 48 of 16 July 1991 and LAW no. 59/1993 (M. Of. No. 177 177 of 26 July 1993). In this form Legit no. 4 4 of 4 April 1953 republished the amendments and additions made by EMERGENCY ORDINANCE no. 25 25 of 9 June 1997 repealed by LAW no. 273 273 of 21 June 2004 ; LAW no. 23 23 of 26 January 1999 ; LAW no. 272 272 of 21 June 2004 ; LAW no. 288 288 of 29 October 2007 ; DECISION no. 755 755 of 24 June 2008 ; LAW no. 202 202 of 25 October 2010 . + Article 1 In Romania the state protects marriage and family; it supports, through economic and social measures, the development and consolidation of the family. The state defends the interests of mother and child and manifests special care for the growth and education of the young The family is based on freely consented marriage between spouses. In relations between spouses, as well as in the exercise of rights to children, the man and the woman have equal rights. Parental rights are exercised only in the interest of children. + Article 2 Family relationships are based on friendship and mutual affection among its members, who are obliged to give each other moral and material support. + Title I Marriage + Chapter I Marriage termination + Article 3 Only the marriage concluded before the delegate of civil status * 1) gives rise to the rights and obligations of spouses provided for in this Code. ------------------ * 1) The mayor serves as a civil status officer ( art. 44 lit. t) of Law no. 69 69 of 26 November 1991 of the local public administration (republished in M. Of. no. 79 79 of 18 April 1996) + Article 4 The minimum age of marriage is eighteen years. For thorough reasons, the minor who has reached the age of sixteen can marry under a medical opinion, with the consent of his parents or, as the case may be, the guardian and with the authorization of the general direction of social assistance and protection the child in whose territorial area is domiciled. If one of the parents is deceased or is unable to manifest his will, the consent of the other parent is sufficient. If there are no parents, no guardian who can consent to marriage, it is necessary to approve the person or authority that has been empowered to exercise parental rights. ----------- Article 4 has been amended by section 4. 1 1 of art. I of LAW no. 288 288 of 29 October 2007 , published in MONITORUL OFFICIAL no. 749 749 of 5 November 2007. + Article 5 It is stopped to marry the man who is married or the woman who is married. + Article 6 It is stopped the marriage between relatives in a straight line, as well as between those in the collateral line up to the fourth degree inclusive. For thorough reasons, the marriage between relatives in the fourth degree collateral line may be approved by the Executive Board of the People's Council of Bucharest or County * 2) in which the one who requests it Consent is domiciled. ------------------------ * 2) Local councils, Bucharest City Council, county councils and mayors Local public administration law no. 69 69 of 26 November 1991 . + Article 7 The marriage is stopped: a) between the one who places his or her ascendants, on one side, and the one established or his descendants, the other; b) between the children of the one who places, on one side, and the one established or his children, the other; c) between those established by the same person. For thorough reasons, marriage between the persons referred to in lett. b) and c) above may be approved according to the provisions of art. 6 6 para. 2. + Article 8 During the tutelage, the marriage is stopped between the guardian and the minor person who is under his tutelage. + Article 9 It is stopped to marry the mentally alienated, the mentally debilitated, as well as the one who is unworthy of mental faculties, as long as he does not have the discernment of his deeds. + Article 10 The marriage will not end unless the future spouses say they have communicated to each other their health. If, by special law, the marriage of those suffering from certain diseases is stopped, the provisions of that law will apply. + Article 11 The marriage ends in front of the civil status delegate of the People's Council of the commune, city, municipality or district of Bucharest * 1), in which the domicile or residence of any of the future spouses is located. ------------------------ * * 1) see note in Article 3 + Article 12 Those who want to get married will, personally, make the marriage declaration them the civil status service to which the marriage is to end. If one of the future spouses is not in the locality where the marriage is to end, he will be able to make the marriage declaration in the locality where he is located, at the civil status service, which will transmit it, ex officio and without delay, civil status service competent for the conclusion of the marriage + Article 13 In the marriage declaration, the future spouses will show that there is no legal hindrance to marriage. With the marriage declaration, they will present the evidence required by law. + Article 13 ^ 1 On the same day as the receipt of the marriage declaration, the civil status officer will order its publication, by displaying in the extract, in a specially arranged place, at the headquarters of the town hall where the marriage is to end. The extract from the marriage declaration will include, on a mandatory basis: the date of display, the civil status data of the future spouses, as well as the notice that any person can make an option to marriage, within 10 days from the date of display. ----------- Article 13 ^ 1 was introduced by item 1. 1 1 of art. I of LAW no. 23 23 of 26 January 1999 , published in MONITORUL OFFICIAL no. 35 35 of 28 January 1999. + Article 14 Any person can make an option to marriage, if there is a legal hindrance or if other requirements of the law are not met. The opposition of marriage will be done only in writing, with the showing of the evidence on which it is founded. + Article 15 The delegate of civil status will refuse to find the conclusion of the marriage if, under the checks he is obliged to do, of the opuners received or of the information he has, he finds that the requirements of the law are not fulfilled. + Article 16 Marriage ends by consenting to future spouses. They are obliged to be present together, accompanied by two witnesses, at the headquarters of the city hall, to give the personal consent and publicly to the civil status officer. ----------- Paragraph 1 of art. 16 16 has been amended by section 2 2 of art. I of LAW no. 23 23 of 26 January 1999 , published in MONITORUL OFFICIAL no. 35 35 of 28 January 1999. However, in the cases shown by the special law, the civil status delegate * 1) will be able to conclude the marriage also outside the headquarters of the civil status service, in compliance with the conditions provided in par. 1. ------------------------ * * 1) see note in Article 3 + Article 17 The civil status officer, taking the consent of the future spouses, will draw up, immediately, in the register of civil status documents, the marriage act, which is signed by the spouses, the two witnesses and by the civil status officer. ----------- Article 17 has been amended by section 6.6. 3 3 of art. I of LAW no. 23 23 of 26 January 1999 , published in MONITORUL OFFICIAL no. 35 35 of 28 January 1999. + Article 18 The marriage can only be proved by the marriage certificate, issued on the basis of the act drawn up in the register of civil status documents. + Chapter II Nullity + Article 19 The marriage concluded in violation of the provisions of art. 4, 5, 6, 7 lit. a), art. 9 9, 13 ^ 1 and 16. ----------- Article 19 has been amended by section 6.6. 4 4 of art. I of LAW no. 23 23 of 26 January 1999 , published in MONITORUL OFFICIAL no. 35 35 of 28 January 1999. + Article 20 The marriage concluded against the provisions regarding the legal age will not be declared void if, in the meantime that of the spouses who had no age required for marriage fulfilled it or if the wife gave birth to a child or became pregnant. + Article 21 The marriage can be annulled at the request of the husband whose consent was flawed by error with regard to the physical identity of the other spouse, by cunning or by violence. The annulment of the marriage in these cases may be required by the one whose consent has been tainted, within six months of the cessation of violence or from the discovery of error or cunning. + Article 22 If the husband of a person declared dead has remarried and, after this, the declaratory decision of death is annulled, the new marriage shall be valid. The first marriage is opened on the end of the new marriage. + Article 23 The husband who was of good faith at the conclusion of the marriage, declared void or annulled, preserves, until the date when the decision of the court remains final, the situation of a husband from a valid marriage. The declaration of nullity of marriage has no effect on children, who keep their children's situation from marriage. + Article 24 In the case provided in art. 23 23 para. 1 the demand for maintenance of the husband of good faith and the patrimonial relations between man and woman are subject, by similarity, to the provisions regarding divorce. Also, in the case provided in art. 23 23 para. 2 the provisions provided for in the divorce, in terms of rights and obligations between parents and children, will be applied, by similarity. + Chapter III Effects of + Section I Personal rights and obligations of spouses + Article 25 The man and woman have equal rights and obligations in marriage. + Article 26 The spouses agree in terms of marriage. + Article 27 At the conclusion of the marriage, the future spouses will declare, in front of the civil status delegate * 1), the name they have agreed to carry in marriage. Husbands can keep their name before marriage, take the name of one or another of them or their reunited names. ------------------------ * * 1) see note in Article 3 + Article 28 The spouses are obliged to bear the declared common name during the marriage. If the spouses agreed to wear a common name during the marriage and declared it at the conclusion of the marriage according to the provisions of art. 27 of the present code, each of the spouses will not be able to request the change of this name, by administrative means, except with the consent of the other spouse. + Section II Rights and property obligations of spouses + Article 29 Spouses are obliged to contribute, in relation to their means, to the expenses of marriage. + Article 30 The goods acquired during the marriage, by any of the spouses, are, from the date of their interest, common goods of the spouses. Any contrary convention is void. The common good quality must not be proven. + Article 31 They are not common goods, but the own property of each spouse: a) the goods acquired before the marriage ends; b) the goods acquired during the marriage by inheritance, related or donation, outside only if the dispenser has provided that they will be common; e) personal goods and those intended for the exercise of the profession of one of the spouses; d) goods acquired by way of prize or reward, scientific or literary manuscripts, sketches and artistic projects, investment projects and innovations, as well as other such goods; e) insurance indemnity or compensation for damage caused to the person; f) the value that represents and replaces a good own or the good in which this value has passed. + Article 32 The spouses shall be responsible for: a) expenditure incurred under the administration of any of their common goods b) the obligations that have contracted together; c) the obligations contracted by each of the spouses for the fulfilment of the usual needs of the marriage; d) repairing the damage caused by the appropriation by one of the spouses of public property, if thereby increased the common goods of the spouses. + Article 33 The common goods cannot be traced by the personal creditors of one of the spouses. However, after the pursuit of the debtor's own property, his personal creditor may request the sharing of the common property, but only to the extent necessary to cover his claim. In the latter case, the goods assigned by division to each spouse become their own. + Article 34 Creditors will also be able to follow the spouses ' own assets, but only after the pursuit of common goods + Article 35 The spouses manage and use the common goods together and have all such them. Any of the spouses, exercising these rights alone is reckoned to have the consent of the other spouse. However, none of the spouses can alienate nor strike a land or a construction that is part of the common goods, if it does not have the consent of the other spouse. + Article 36 At the dissolution of the marriage, the common goods are divided between spouses, according to their invocation. If the spouses do not agree on the division of the common property, the court will decide. For thorough reasons, the common goods, in whole or only a part of them, may be divided by judicial decision and during the marriage. The goods thus divided become own goods. Undivided goods, as well as those that will be acquired later, are common goods. + Chapter IV Dissolution of marriage + Article 37 Marriage ceases by the death of one of the spouses or by judicial declaration of the death of one Marriage can be undone by divorce. Divorce can take place: a) by the consent of the spouses, at the request of both spouses * *); b) when, due to thorough reasons, the relations between the spouses are seriously injured and the continuation of the marriage is no longer possible; c) at the request of the spouse whose state of health makes it impossible to continue the marriage. ----------------- * * 1) Art. 37 para. 2 2 was amended by Law no. 59/1993 (M. Of. No 177 of 26 July 1993) Paragraph 2 of art. 37 37 has been amended by section 1 1 of art. II of LAW no. 202 202 of 25 October 2010 , published in MONITORUL OFFICIAL no. 714 714 of 26 October 2010. **) NOTE C.T.C.E. S.A. Piatra-Neamt: Art. XXIII of LAW no. 202 202 of 25 October 2010 , published in MONITORUL OFFICIAL no. 714 714 of 26 October 2010 provides: "" Art. XXIII (1) In the case of divorce applications made before the entry into force of this law, the court may order the divorce by the consent of the spouses, if the conditions provided by the provisions of art. 37 37 para. 2 lit. a) and ale art. 38 38 para. 1 1-3 of Law no. 4/1953 -The family code, republished, with subsequent amendments and completions, as well as with those brought by this law. ((2) The provisions on divorce by agreement of the spouses by administrative means or by the notary procedure of the Law no. 4/1953 , republished, with subsequent amendments and completions, as well as with those brought by this law, are also applicable to marriages in being on the date of entry into force of this law. (3) Within 60 days from the date of publication of this Law, the Ministry of Justice, the National Union of Public Notaries of Romania and the Ministry of Administration and Interior will propose the necessary measures for the implementation of the provisions concerning the divorce by agreement of the spouses by administrative means or by the notary procedure of the Law no. 4/1953 , republished, with subsequent amendments and completions, as well as with those brought by this law. " + Article 38 Divorce by the consent of the spouses can be pronounced by the court regardless of the duration of the marriage and whether or not there are minor children resulting from the marriage *). Divorce by agreement of spouses cannot be admitted if one of the spouses is placed under prohibition *). The court is obliged to verify the existence of the free and unviable consent of each spouse *). When solving the requests for divorce, regarding the custody of minor children, the obligation to maintain and use the home, the court will also take into account the interests of minors. ----------------- Article 38 has been amended by section 6.6. 2 2 of art. II of LAW no. 202 202 of 25 October 2010 , published in MONITORUL OFFICIAL no. 714 714 of 26 October 2010. **) NOTE C.T.C.E. S.A. Piatra-Neamt: Art. XXIII of LAW no. 202 202 of 25 October 2010 , published in MONITORUL OFFICIAL no. 714 714 of 26 October 2010 provides: "" Art. XXIII (1) In the case of divorce applications made before the entry into force of this law, the court may order the divorce by the consent of the spouses, if the conditions provided by the provisions of art. 37 37 para. 2 lit. a) and ale art. 38 38 para. 1 1-3 of Law no. 4/1953 -The family code, republished, with subsequent amendments and completions, as well as with those brought by this law. ((2) The provisions on divorce by agreement of the spouses by administrative means or by the notary procedure of the Law no. 4/1953 , republished, with subsequent amendments and completions, as well as with those brought by this law, are also applicable to marriages in being on the date of entry into force of this law. (3) Within 60 days from the date of publication of this Law, the Ministry of Justice, the National Union of Public Notaries of Romania and the Ministry of Administration and Interior will propose the necessary measures for the implementation of the provisions concerning the divorce by agreement of the spouses by administrative means or by the notary procedure of the Law no. 4/1953 , republished, with subsequent amendments and completions, as well as with those brought by this law. " + Article 38 ^ 1 If the spouses agree to divorce and do not have minor children, born of marriage or adopted, the civil status officer or the public notary at the place of marriage or the last common housing of the spouses may find the dissolution of the marriage by agreement spouses, issuing them a divorce certificate, according to the law. Art. 38 38 para. 2 remaining applicable. ----------------- Art. 38 ^ 1 was introduced by item 3 3 of art. II of LAW no. 202 202 of 25 October 2010 , published in MONITORUL OFFICIAL no. 714 714 of 26 October 2010. + Article 38 ^ 2 The divorce petition is filed by the spouses together. The civil status officer or notary public records the request and gives them a 30-day deadline for the eventual withdrawal of the divorce request. At the expiry of this period, the civil status officer or, as the case may be, the notary public shall check whether the spouses arouse to divorce and if, in this regard, their consent is free and untainted. If the spouses arouse in the divorce, the civil status officer or, as the case may be, the public notary issues the divorce certificate without making any mention of the fault of the spouses. Art. 40 40 para. 1 1 shall apply accordingly. If the spouses do not understand the family name to wear after the divorce, the civil status officer or, as the case may be, the public notary issues a disposition to reject the request for divorce and directs the spouses to apply to the court, according to art. 38. The settlement of applications for other effects of divorce on which the spouses do not understand is the jurisdiction of the court. ----------------- Art. 38 ^ 2 was introduced by item 3 3 of art. II of LAW no. 202 202 of 25 October 2010 , published in MONITORUL OFFICIAL no. 714 714 of 26 October 2010. + Article 38 ^ 3 When the request for divorce is submitted to the town hall where the marriage ended, the civil status officer, after issuing the divorce certificate, makes due mention in the marriage act. In case of submission of the application to the town hall in whose territorial area the spouses had the last common dwelling, the civil status officer issues the divorce certificate and immediately submits a certified copy from him to the city hall where it ended. marriage, to make mention in the act of marriage. In the case of the finding of divorce by the notary public, he issues the divorce certificate and immediately submits a certified copy from him to the city hall where the marriage ended, to make mention in the marriage act. ----------------- Art. 38 ^ 3 was introduced by item 3 3 of art. II of LAW no. 202 202 of 25 October 2010 , published in MONITORUL OFFICIAL no. 714 714 of 26 October 2010. + Article 38 ^ 4 If the conditions of art. 38 ^ 1, the civil status officer or, as the case may be, the public notary rejects the divorce request. Against the refusal of the civil status officer or the public notary there is no remedy, but the spouses can address the court's divorce request, to order the dissolution of the marriage by their consent or on another basis provided by Law. For the compensation of the damage by the abusive refusal of the civil status officer or the public notary to ascertain the dissolution of the marriage by the consent of the spouses and to issue the divorce certificate, any of the spouses may address, separately, competent court. ----------------- Art. 38 ^ 4 was introduced by item 3 3 of art. II of LAW no. 202 202 of 25 October 2010 , published in MONITORUL OFFICIAL no. 714 714 of 26 October 2010. + Article 39 The marriage is broken from the day when the decision by which the divorce was pronounced remained irrevocable. In the case provided in art. 38 ^ 1, the marriage is opened on the date of issue of the divorce certificate. Compared to the third, the patrimonial effects of the marriage cease from the date when mention was made about the divorce decision or, as the case may be, the divorce certificate on the marriage act or from the date when they met Divorce another way. ----------------- Article 39 has been amended by section 6.6. 4 4 of art. II of LAW no. 202 202 of 25 October 2010 , published in MONITORUL OFFICIAL no. 714 714 of 26 October 2010. + Article 40 When the marriage is opened by divorce, the spouses can rise as the husband who, according to art. 27, carried during the marriage the last name of the other husband, to bear this name after the dissolution of the marriage. The court will take note of this agreement by deciding the divorce. The court, for thorough reasons, may consent to this right even in the absence of an agreement between the spouses. If an agreement did not intervene or if the court did not give consent, each of the former spouses will bear the name before the marriage. + Article 41 Until the dissolution of the marriage under the conditions provided by art. 39, the spouses owe their maintenance. The divorced spouse is entitled to maintenance, if he is in need because of a incapacitated work before marriage, or during the marriage; he has the right to maintenance and when the incapacity arises within a year of the date of dissolution of the marriage, but only if the failure is due to a circumstance in connection with the marriage. Maintenance due according to paragraph 2 may be established up to a third of the net income from the work of the husband obliged to pay it, according to the need of the one who requires it and with the means of the one to pay it. This maintenance, together with the maintenance due to the children, will not be able to exceed half of the net income from the work of the husband obliged When the divorce is pronounced only by the fault of one of the spouses, it will not benefit from the provisions of 2 2 and 3 than for a year after the dissolution of the marriage. In all cases, the right to maintenance ceases by remarrying the right spouse to receive it. + Article 42 The court will decide, with the pronouncement of the divorce, to which of the parents the minor children will be entrusted. For this purpose, the court will listen to the parents and the guardianship authority and, taking into account the interests of the children, whom they will also listen to if they have turned ten years old, will decide for each of the children, whether he will be entrusted to his father Mom. For thorough reasons, children may be entrusted to relatives or other persons, with their consent, or to protection institutions. At the same time, the court will determine the contribution of each parent to the expenses of growth, education, teaching and professional training of children. The parents ' agreement regarding the custody of the children and the contribution of each parent to the expenses of their growth, education, teaching and professional training will only take effect if it was approved by the court. + Article 43 The divorced parent, who was entrusted with the child, exercises with regard to this parental rights. When the child was entrusted to another person or a protection institution, the court will determine which of the parents will exercise the right to administer his assets and to represent him or to approve his documents. The person or institution of social protection to whom the child has been entrusted will only have to him the rights and duties of the parents regarding the person of the child. Art. 108 applies by similarity. The divorced parent, who was not entrusted with the child, retains the right to have personal ties with him, as well as to watch for his growth, education, teaching and professional training. + Article 44 In case of change of circumstances, at the request of any of the parents or the child, if he has reached the age of fourteen years, of the guardianship authority or of any protection institution, the court will be able to modify the measures regarding personal or patrimonial rights and obligations between divorced parents and children. Amendment of the measures taken according to Article 42 42 para. 1 and 2 will be made with the security of the requirements provided by those provisions. + Title II Rudenia + Chapter I General provisions + Article 45 Kinship is the link based on the lineage of a person from another person or the fact that more people have a common ascendant. In the first case the rudeness is in a straight line, and in the second in line collateral. Rudeness in a straight line can be ascending or descending. + Article 46 The degree of kinship is established as follows a) in a straight line, according to the number of births; thus, the son and father are relatives of the first degree, the grandson of son and grandfather are second-degree relatives; b) in the collateral line, by the number of births, climbing from one of the relatives to the common ascendant and descending from it to the other relative; thus the brothers are relatives in the second degree, the uncle and the nephew in the third degree, the primary cousins in Fourth degree. + Chapter II Subsidiary + Section I Parentage to mother + Article 47 Parentage to mother results from the fact of birth. It shall be proved by the certificate of birth. + Article 48 If the birth was not recorded in the civil status register or if the child was passed in the civil status register as born to unknown parents, the mother can recognize the child. Recognition can be made either by declaration to the civil status service, either by a genuine inscription or by will. Recognition, even made by will, cannot be revoked. + Article 49. Recognition that does not correspond to the truth can be challenged by any interested person + Article 50 If, from any circumstances, the proof of parentage to the mother cannot be made by the certificate of birth, or if the reality of those contained in the certificate of birth is challenged, the proof of the the mother can be made before the court by any means of evidence. + Article 51 The child cannot claim a civil status contrary to that resulting from the birth certificate and the use of the civil status in accordance with this certificate. Also, no one can dispute the marital status of the child who has the use of a civil state in accordance with his birth certificate. + Article 52 The action for the establishment of the parentage to the mother belongs only to the child; it can be started by the legal representative, if the child is a minor or placed under prohibition. The right to start the action to establish the parentage to the mother does not pass on the child's heirs; they can continue the action started by him. The action to establish parentage towards the mother can also be started against the heirs of the alleged mother. The action is not prescribed during the child's life. + Section II Parentage to father + Article 53 The child born during the marriage has as father the mother's husband. The child born after the dissolution, declaration of nullity or annulment of the marriage has as father the mother's former husband, if it was conceived during the marriage and the birth took place before the mother entered a new marriage. Art. 51. are applicable to the situations provided for in this Article + Article 54 Paternity can be denied, if it is impossible for the mother's husband to be the father of the child. The action in the denial of fatherhood can be started by any of the spouses, as well as by the child; it can be continued by the heirs. The action is introduced by the mother's husband against the child; if he is deceased, the action starts against his mother. The mother or child introduces the action against the mother's husband; if he is deceased, the action starts against his heirs. If the holder of the action is put under prohibition, the action will be able to be started by the The child's mother will be quoted in all cases where she does not formulate the action herself. ----------- Article 54 has been amended by section 4. 2 2 of art. I of LAW no. 288 288 of 29 October 2007 , published in MONITORUL OFFICIAL no. 749 749 of 5 November 2007. + Article 55 *) The action in the denial of paternity is prescribed within 3 years from the date of birth of the child. For the mother's husband, the term flows from the date she became aware of the child's birth. If the action has not been introduced during the child's minority, it may start within 3 years from the date of its majority. The complainant may be reinstated within the terms of the law. ----------- Article 55 has been amended by section 6.6. 3 3 of art. I of LAW no. 288 288 of 29 October 2007 , published in MONITORUL OFFICIAL no. 749 749 of 5 November 2007. ----------- *) NOTE C.T.C.E. S.A. Piatra-Neamt: According art. II of LAW no. 288 288 of 29 October 2007 , published in MONITORUL OFFICIAL no. 749 of 5 November 2007, the provisions of the present law on the action in denial of paternity, as well as the action in establishing the paternity of the child from outside the marriage are also applicable to children born before his entry into vigor, even if the application is pending. By CONSTITUTIONAL COURT DECISION no. 755 755 of 24 June 2008 , published in MONITORUL OFFICIAL no. 537 of 16 July 2008 the exception of unconstitutionality of the provisions art. II of Law no. 288/2007 to amend and supplement Law no. 4/1953 -The family code finding that the phrase "the provisions of this law on action in the denial of paternity, [...], are also applicable in the case of children born before its entry into force, even if the application is pending" is unconstitutional. Under art. 147 of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003, the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law. Therefore, between July 16, 2008 and August 30, 2008, the provisions invoked were suspended by law, ending their legal effects, as of August 31, 2008, as the legislator did not intervene to amend the contested provisions. + Article 56 The parentage to the father is established, apart from the cases provided for in art. 53, by recognition or judicial decision. + Article 57 The child conceived and born outside of marriage can be recognized by his father; after the death of the child, he can only be recognized if he has left natural descendants. Recognition is made by statement made to the civil status service, either with the registration of birth or after that date; recognition can also be made by authentic inscription or by will. Recognition, even made by will, cannot be revoked. + Article 58 Recognition that does not correspond to the truth can be challenged by any interested person If the recognition is challenged by the mother, the one recognized or his descendants, the proof of paternity is the responsibility of the author of the recognition or his heirs. + Article 59 The action in establishing paternity from outside the marriage belongs to the child and starts on his behalf by the mother, even if he is a minor, or his legal representative. The right to start the action in establishing paternity does not pass on the child's heirs; they can continue the action started by him. Action in establishing paternity can also be started against the heirs of the purported father. + Article 60 *) The action in establishing paternity from outside the marriage can be started by the mother within one year of the birth of the child. ----------- Paragraph 1 of art. 60 60 has been amended by section 4 4 of art. I of LAW no. 288 288 of 29 October 2007 , published in MONITORUL OFFICIAL no. 749 749 of 5 November 2007. If, in the case provided in art. 54 54 para. 1, a child lost the quality of child from marriage through the effect of a court decision, the one-year term for starting the action in establishing paternity from outside the marriage will flow from the date when that decision remained final. If the mother lived with the alleged father or if the latter provided the child with maintenance, the one-year term will flow from the cessation of living or maintenance. The action belonging to the child is not prescribed during his life. ----------- Paragraph 4 of art. 60 60 has been introduced by section 5 5 of art. I of LAW no. 288 288 of 29 October 2007 , published in MONITORUL OFFICIAL no. 749 749 of 5 November 2007. ----------- *) NOTE C.T.C.E. S.A. Piatra-Neamt: According art. II of LAW no. 288 288 of 29 October 2007 , published in MONITORUL OFFICIAL no. 749 of 5 November 2007, the provisions of the present law on the action in denial of paternity, as well as the action in establishing the paternity of the child from outside the marriage are also applicable to children born before his entry into vigor, even if the application is pending. See the Note from art. 55. + Article 61 The time between three hundred and one hundred and eightieth day before the birth of the child is the legal time of conception. He counts himself from day to day. + Section III Legal situation of the child + Article 62 The child from the marriage takes the parents ' common surname. If parents do not have a common household name, the child will take the surname of one of them or their reunited name. In this case, the child's name will be determined by the parents ' agreement and will be declared, with the birth of the child, at the civil status service. In the absence of such an agreement, the guardian authority at the child's home will decide, listening to the parents, whether the child will bear the name of one of them or their reunited name. + Article 63 The child outside the marriage whose parentage was established by recognition or by judicial decision has, to the parent and his relatives, the same situation as the legal situation of a child from marriage. + Article 64 The child from outside the marriage acquires the last name of the parent to whom the parentage was first established. If the parentage has been established subsequently and to the other parent, the court will be able to give the child's consent to bear the latter's name. If the child was recognized at the same time by both parents, the provisions of art. 62 62 para. 2. + Article 65 If the parentage of the child outside the marriage is established towards both parents, his custody, as well as the contribution of the parents to the expenses of growth, education, teaching and professional training, will be decided according to the provisions of art. 42 42-44 inclusive, which is applied by similarity. ------------ Head. III of Title II was repealed by par. ((1) art. 27 of EMERGENCY ORDINANCE no. 25 25 of 9 June 1997 , published in MONITORUL OFFICIAL no. 120 120 of 12 June 1997. + Chapter IV Maintenance obligation + Article 86 The obligation of maintenance exists between husband and wife, parents and children, the one who sets and established, grandparents and grandchildren, great-grandparents and great-grandchildren, brothers and sisters, as well as between the other persons specifically provided by law. It has the right to maintenance only that which is in need, not having the possibility of a gain from work, because of the inability to work. The descendant, while he is a minor, has the right to maintenance, whatever the need in which he is. + Article 87 The husband who contributed to the maintenance of the child of the other husband is obliged to continue to give maintenance to the child, while he is a minor, but only if his natural parents have died, they are missing or they are in need. The child will be able to give maintenance to the one who has maintained it for ten years, as shown in the previous paragraph. + Article 89 Maintenance is due in the following order: a) the spouses owe their maintenance before the other obliged; b) the descendant is obliged to maintenance before the ascendant, and, if there are more descendants or more ascenders, the one in the nearest degree before the farthest; c) the one who places is obliged to maintenance before the natural parents; d) brothers and sisters owe maintenance after their parents, but before grandparents. + Article 90 If several of the persons referred to in art. 89 are obliged to maintain the same person, they will contribute to the payment of maintenance, proportional to the means they have. If the parent has the right to maintenance from several children, he can, in case of emergency, start the action only against one of them. The one who paid the maintenance can turn against the others obliged for the part of each. + Article 91 If the one obliged first of all to maintenance does not have enough means to cover the needs of the one who requires it, the court will be able to compel the other persons indebted to maintenance to complete it, in the order established by art. 89. + Article 92 When the obliged cannot provide, at the same time, the maintenance of all those who are entitled to ask him, the court, taking into account the needs of each of these persons, can decide whether the maintenance should be paid only to one of them, whether maintenance be divided between several or all persons entitled to ask for it. In this case the court will also decide how to divide the maintenance between the persons who are to receive it. + Article 93 The maintenance obligation is executed in nature or by paying a pension in money. The court will determine the manner and modalities of the execution, taking into account the circumstances. + Article 94 Maintenance is due according to the need of the one who asks it and with the means of the one to pay it. The court will be able to increase or decrease the maintenance obligation or to decide, its termination, as the means of the one who gives the maintenance or the need of the one who receives it. When the maintenance is due by the parent or the one who is setting up, it settles up to a fourth of his gain from work for a child, one third for two children and one half for three or more children. + Article 95 The maintenance obligation shall be extinguished, apart from the case provided for in art. 96., by the death of the debtor or the one entitled to the maintenance pension. + Article 96 The heir of the person who was obliged to the maintenance of a minor or who gave him the maintenance without having the legal obligation is kept, in the measure of the value of the inherited assets, to continue the maintenance, if the minor's parents died, are missing or are in need, but only while the one maintained is minor. If there are more heirs, the obligation is in solidarity, each of them contributing proportionally to the value of the inherited assets. + Title III* 1) ---------- * * 1) According to Article 14 of Law no. 11/1990 on the consent of the adoption (republished in M. Of. no. 159 of July 24, 1995), the provisions laid down in Chapter III of the Family Code shall be amended accordingly to the provisions of this law. Protection of the deprived of capacity, of those with restricted capacity and of other persons + Chapter I Protection of the minor + Section I Rights and duties of parents to children and minors + Article 97 Both parents have the same rights and duties to their minor children, without distinction as they are from marriage, from outside marriage or established. They exercise their parental rights only in the interest of children. + Article 98 Measures relating to the person and goods of children shall be taken by their parents by mutual agreement. If one of the parents is dead, deprived of parental rights, placed under prohibition or, of any circumstance, he is unable to manifest his will, the other parent exercises the parental rights alone. + Article 99 Whenever there is a misunderstanding between parents about the exercise of parental rights, the guardianship authority, after listening to the parents, decides, according to the child's interest. + Article 100 The minor child lives with his parents. If the parents do not live together, they will decide, by mutual agreement, which of them the child will live. In case of misunderstanding between parents, the court, listening to the tutelary authority, as well as the child, if he has turned ten years old, will decide, taking into account the interests of the child. + Article 101 Parents are obliged to care for the child. They are obliged to raise the child, caring for his physical health and development, his education, teaching and professional training, according to his attributes, in accordance with the goals of the state, to make him useful to the community. + Article 102 The tutelary authority * 2) may give consent to the child, at his request, after reaching the age of fourteen years, to change the way of teaching or the professional training established by his parents or to have the home he requires teaching or professional training. -------------------------- * 2) See the note from art. 78 78 para. 3. + Article 103 Parents have the right to ask for the child's return from any person who holds it without right. The court will reject the application, if the return is contrary to the child's interests. He will be heard if he has turned ten years old. + Article 104 Repealed. * 3) ------------------ * * 3) Article 104 was repealed by Law no. 3/1970 ,, published in B. Of. nr. 28 28 of 28 March 1970. + Article 105 The parents have the right and the duty to administer the assets of their minor child and to represent him in civil acts until he turns fourteen years old. After the age of fourteen years the minor exercises the rights alone and performs all such obligations, but only with the prior consent of the parents, to defend him against the abuses of the third. The provisions of Section II of this Chapter will be applicable by similarity. However, the inventory provided for in art. 126, if the child has no goods other than those for personal use. + Article 106 The parent has no right over the child's property nor the child on the parent's property other than the right to inheritance and maintenance. + Article 107 The minor child is maintained by his parents. If the minor has an own income, which is not indestulatory, parents have the obligation to provide the necessary conditions for his growth, education, teaching and professional training. In case of misunderstanding, the extent of the maintenance obligation due by the parents of the minor, the manner and modalities of execution as well as the contribution of each of the parents, will be determined by the court with the obedience of the + Article 108 The guardianship authority is obliged to exercise effective and continuous control over the way in which parents perform their duties regarding the person and property of the child. The delegates of the guardianship authority have the right to visit the children at their home and to inform themselves in any way about how they are cared for in terms of their physical health and development, education, teaching and training professional, according to the goals of the state, for an activity useful to the community; if necessary, they will give the necessary guidance. + Article 109 If the health or physical development of the child is received by the way of exercising parental rights, by abusive conduct or by gross negligence in the performance of parental duties, or whether education, teaching or training professional of the child is not done in a spirit of devotion to Romania, the court, at the request of the guardianship authority, will pronounce the decay of the parent from the parental rights. The citation of parents and the guardianship authority is mandatory. + Article 110 Downfall from parental rights does not exempt the parent from the duty to give maintenance to the child. + Article 111 The tutelary authority will allow the fallen parent of parental rights to keep personal ties with the child, except if, through such connections, the increase, education, teaching or professional training of the child would be in distress. + Article 112 The court will render to the fallen parent of the parental rights the exercise of these rights, if they have ceased the circumstances that led to the revocation, so that, by rendering these rights, the increase, the education, the teaching, the preparation professional and the patrimonial interests of the child are no longer in distress. Section II Minor tutelage + Article 113 If both parents being dead, unknown, fallen from parental rights, put under prohibition, missing or declared dead, the child is deprived of the care of both parents as well as in the case provided by art. 85, the child will be put under guardianship. + Article 114 Guardianship is exercised only in the interest of the minor + Article 115 They have the obligation that, no later than five days after the date of existence of a minor without parental care in the cases provided for in art. 113, to notify the guardianship authority: a) persons close to the minor as well as the administrators and tenants of the house where the minor lives; b) civil status service, on the occasion of the registration of the death of a person, as well as the notarial state office, on the occasion of the opening of c) the courts, the prosecutor's office and the police on the occasion of the pronouncement, taking or execution of custodial measures; d) state administration bodies, public organizations, protection institutions, as well as any other person. + Article 116 The appointment of the guardian is made by the tutelary authority, ex officio or at its knowledge, by those shown in art. 115. + Article 117 Can't be a guardian: a) the minor or the one placed under prohibition; b) the one deprived of parental rights or declared incapable of being a guardian; c) the one to whom the exercise of political or civil rights has been restricted, either by virtue of the law, or by judicial decision, as well as the one with bad behavior; d) the one deprived, according to the special law, of the right to choose and to be elected deputy; e) the one who, exercising another guardianship, has been removed from it; f) the one who, because of the right interests with the minor, could not fulfill the task of the guardianship. When any of the circumstances shown in this article arise during the guardianship, the tutor shall be removed. + Article 118 The one appointed guardian cannot refuse this task. However, it may refuse the task of guardianship a) the one who has sixty years of age; b) the pregnant woman or the mother of a child younger than eight years; c) the one who raises or educates two or more children; d) the person who exercises another guardianship or a cleaning; e) the one who, because of the disease, of the infirmity, of the way of occupation, of the remoteness of the domicile from the place where the goods of the minor are located or for other good reasons, could not fulfill this task. If any of the circumstances shown in this article arise during the time of the guardianship, the guardian may ask to be replaced. + Article 119 The tutelary authority will communicate in writing to the guardian its appointment and will display the appointment decision at the popular council at the minor's home. The rights and duties of the guardian begin upon receipt of the communication. Meanwhile the tutelary authority may take the provisional measures required by the minor's interests. + Article 120 The guardian who, being in the exercise of his duties, has asked for the replacement is obliged to exercise these powers until the resolution of his replacement request. + Article 121 Guardianship is a free task. However, the tutelary authority, taking into account the work done in the administration of wealth and the material state of the minor and the guardian, will be able to grant the latter a remuneration, which will not exceed ten percent of the income of the goods the minor. The guardianship authority, according to the circumstances, will be able to modify or suppress this remuneration. + Article 122 The minor put under guardianship lives at the tutor. Only with the consent of the guardian authority the minor can have another home. + Article 123 The guardian has an obligation to care for the minor. He is obliged to raise the child, caring for his physical health and development, his education, teaching and professional training, according to his attributes, in accordance with the goals of the state, to make him useful to the community. + Article 124 The tutor has the obligation to manage the minor's assets and to represent him in civil acts, but only until he reaches the age of fourteen years. After the age of fourteen years the minor exercises his rights and performs all such obligations, but only with the prior consent of the guardian, to defend him against abuse from the third. + Article 125 Art. 102, 103 and 106 shall also apply in the case of guardianship. + Article 126 After the appointment of the guardian and in its presence a delegated authority delegate will check on the spot all the minor's assets, drawing up, according to the provisions of the Civil Procedure Code, an inventory, which will be subject to the approval of the authority tutelage. The claims they have towards the minor the guardian, the husband, a relative in a straight line or the guardian's brothers or sisters can be paid only with the approval of the guardianship authority. + Article 127 The tutelary authority shall determine the annual amount required for the maintenance of the minor and the administration of It will be able to modify, according to circumstances, this amount. The expenses necessary for the maintenance of the minor and the administration of his goods shall be covered by If the minor's income is not enough, the tutelary authority will order the sale of the minor's assets. If the minor is deprived of goods and has no parents or other relatives who are required by law to give him maintenance, the tutelary authority will ask the County Department or Bucharest Municipality for labor problems and social protection * 1) to contribute to his maintenance. --------------------- * 1) At present, the Department of Labour and Social Protectors. + Article 128 It is stopped to conclude legal acts between the guardian, the husband, a relative in a straight line or the guardian's brothers or sisters, on one side, and minor, the other. + Article 129 The guardian cannot, on behalf of the minor, make donations nor guarantee the obligation of another. The tutor may not, without prior consent of the guardianship authority, make valid the alienation or pledge of the minor's assets, waive his patrimonial rights, as well as conclude any other acts that exceed the right to Administer. The documents made in violation of the above provisions are cancellable. However, the tutor may instruct, without prior consent of the guardianship authority, the goods subject to destruction or damage, as well as the goods rendered unhelpful for the minor, if the value of the latter does not exceed two hundred Fifty lei. + Article 130 The guardianship authority will grant the consent, only if the act responds to a need or presents an unquestionable use for the minor. The consent will be given for each act. In case of sale, the consent will show whether the sale will be made by good agreement or otherwise. In all cases, the tutelary authority may indicate to the guardian how the amounts of money obtained are used. + Article 131 The amounts of money that exceed the needs of the minor and the administration of his assets, as well as the securities, will be deposited, in the name of the minor, at a state storage house, from where they will only be able to be raised with the consent the guardianship authority. The guardian can also submit the necessary amounts for maintenance, also in the name of the minor. They will be passed into a separate account and can be picked up by the guardian, without the consent provided in the previous paragraph. + Article 132 Whenever there arise between the tutor and minor contrary interests, which are not of those that must lead to the preparation of the tutor, the tutelary authority will appoint a curator. + Article 133 The minor who has reached the age of fourteen years ends the legal acts with the prior consent of the guardian, and in the cases provided in art. 132 132 and 152 lit. c, with the prior consent of the curator. If the act that the minor is to conclude is part of those that the guardian can conclude only with the consent of the guardianship authority, it will also be necessary prior to its consent. The minor cannot even do with consent, donations nor guarantee the obligation of another. The documents made in violation of the above provisions are cancellable. + Article 134 The tutor is obliged to submit annually to the guardianship authority a report on how he cared for the minor, as well as about the administration of his goods. The notice shall be submitted to the guardianship authority within thirty days of the end of the calendar year. Apart from the annual report, the tutor is obliged, at the request of the guardianship authority, to give any account of how he cared for the minor, as well as about the administration of his goods. + Article 135 The tutelary authority will verify the accounts of the minor's income and expenses made with its maintenance and the administration of its goods and, if they are regularly drawn up and correspond to the reality, will give discharge to the guardian. + Article 136 The guardianship authority shall exercise effective and continuous control over the manner in which the tutor performs his duties with respect to the minor and his or her property, the provisions of art. 108 108 para. 2 2 being applicable. In order to facilitate control, the guardianship authority will be able to request the collaboration of state administration bodies and protection institutions. + Article 137 The way of teaching or professional training, which the minor received at the time of the appointment of the guardian, can only be changed by him with the consent of the guardianship authority. + Article 138 The minor, as well as all those provided in art. 115 115, may complain to the guardianship authority about the acts or acts of the damaging guardian for the minor. The tutor will be removed if he commits an abuse, gross negligence or acts that make him unworthy of being a guardian, as well as if he does not satisfy his/her task. + Article 139 Until the entry into service of the new guardian the tutelary authority will appoint a curator. + Article 140 Upon termination of the guardianship, the guardian shall be obliged, within a period of not more than thirty days, to present to the guardianship authority a general account. He has the same duty in case of removal from guardianship. The goods that were in the administration of the tutor will be handed over, as the case may be, to the former minor, his heirs or the + Article 141 After handing over the goods, checking the accounts and approving them, the tutelary authority will give the guardian discharge of its management. Even if the tutelary authority gave the guardian discharge, it answers for the damage caused by its fault. The guardian who replaces another guardian has the obligation to ask the former guardian to repair the damage that he caused to the minor through his fault. + Chapter II Prohibition + Article 142 The one who has no discernment to care for his interests, because of mental alienation or mental deity, will be put under prohibition. They can be put under prohibition and minors. + Article 143 The prohibition may be required by the tutelary authority, as well as by all those referred to in art. 115. + Article 144 The ban is ruled by the court, with the prosecutor's conclusions, and produces its effects from the date when the decision remained final. After remaining final, the decision will be communicated, without delay, by the court that pronounced it, to the court of the place where the act of birth of the one put under prohibition was registered, to be transcribed in the particular register Intended. When the sentence of the judgment by which the prohibition was ruled was appealed and it was rejected, the appeal court will itself make the communication provided for by this article, sending in copy the device of the sentence. The inability of the one placed under the ban will only be able to be opposed to a third from the date of the transcript of the decision, except if the third one has known the ban in another way. + Article 145 The decision of placing under the remaining ban will be communicated by the court to the guardianship authority, which will designate a guardian. Also, the decision of placing under the final ban will be communicated to the chief doctor of the commune, the city, the municipality or the Bucharest sector, in order for him to establish on the forbidden one, according to the instructions of the Ministry Health, permanent medical supervision. + Article 146 In case of need and until the application for placing under prohibition is resolved, the tutelary authority will be able to appoint a curator for the care of the person and the representation of the one whose prohibition was requested as well as for the administration of + Article 147 The rules regarding the guardianship of the minor who have not reached the age of fourteen years shall also apply to the guardianship of the one placed under prohibition, in so far as the law does not have otherwise. + Article 148 The guardian of the one placed under the ban is entitled to ask for his replacement after three years of appointment. + Article 149 The guardian is obliged to care for the one put under the ban, to hasten his healing and improve his living conditions; for this purpose, the income will be used and if necessary all the goods of the one put under prohibition. The tutelary authority, in agreement with the competent health service and taking into account the circumstances, will decide whether the one put under the ban will be cared for at his home or in a health institution. + Article 150 The minor who at the time of the ban, is under the protection of his parents, will remain under this protection until he becomes a major, without being called a guardian. Art. 149 are also applicable to the situation provided for in this paragraph If at the time the minor becomes a major he is still under prohibition, the tutelary authority will appoint a guardian. If, at the time of the prohibition, the minor is under the tutelage, the tutelary authority will decide whether the former guardian of the minor retains the task of the guardianship or will appoint a new guardian. + Article 151 If they stopped the causes that caused the ban, the court will pronounce, listening to the prosecutor's conclusions, his elevation. The application will be possible to be made by the one put under prohibition, by the guardian, as well as by all those provided in art. 115. The decision to lift the ban shall produce its effects from the date on which it is final. It will be communicated, by the court that pronounced it, to the court of the place where the decision of placing under prohibition was transcribed, to be also transcribed in the register provided by art. 144 and, at the same time, to be made, in the same register, on the lifting of the prohibition, on the decision that issued the prohibition. The termination of the right of representation of the guardian will not be able to be opposed to a third only from the date when, according to the provisions of the previous paragraph, mention was made of lifting the ban, except if the third one knew lifting the ban on another way. + Chapter III Cleaning + Article 152 Apart from other cases provided by law, the guardianship authority will be able to establish the cleaning: a) if, due to old age, illness or physical infirmity, a person, although capable, cannot, personally manage his/her assets or defend his interests in satisfactory conditions and, for thorough reasons, cannot appoint a representative; b) if because of the disease or for other reasons, a person, although capable, cannot, neither personally nor through representatives, take the necessary measures in cases whose resolution does not suffer procrastination; c) if, because of the disease or for other reasons, the parent or guardian is prevented from performing a certain act on behalf of the person representing or whose acts they approve; d) if a person, being obliged to miss long time from home, did not leave a general trustee; e) if a person disappeared without having news about it and did not leave a general trustee. + Article 153 In the cases provided in art. 152 152, the establishment of the cleaning shall not affect the capacity of the person whom the curator represents. + Article 154 The cleaning can be established at the request of the one to be represented, of his husband, of relatives, of those shown in art. 115, as well as of the guardian, in the case provided in art. 152 lit. c. The guardianship authority may establish the cleaning and the public office. The cleaning can only be established with the consent of the represented, apart from the cases in which the consent cannot be given. + Article 155 In cases where the cleaning is established, the rules of the mandate shall apply. The guardianship authority may instruct the curator, instead of the represented, in all cases where the latter is unable to do so. + Article 156 The curator is entitled to ask for his replacement after three years of appointment. + Article 157 If they have ceased the causes that caused the establishment of the cleaning, it will be raised by the guardianship authority at the request of the curator of the represented, of any of those provided in art. 115 115 or ex officio. + Chapter IV Guardianship Authority * 1) ------------------- * 1) 1 See the note from art. 78. + Article 158 The duties of tutelary authority belong to the executive and disposition bodies of the communal, city, municipal or sector councils of the city of Bucharest * 2). ------------------- * 2) See the note from art. 4. + Article 159 The competent authority shall: a) for parental protection and guardianship of the minor, the one at the minor's home; b) for the guardianship of the person placed under prohibition, the one at his home c) for the cleaning provided in art. 152 lit. a or c, that of the domicile of the person represented or of the fourteen-year-old minor; d) in the case provided in art. 152 (b) either the guardianship authority at the home of the person represented or, the guardian authority of the place where the urgent measures are to be taken; e) for the cleaning provided in art. 152 lit. d or e, the one at the last home in the country of the missing or the missing. + Article 160 Decisions of the guardianship authority can be appealed to the superior hierarchical authority, which, according to the law, exercises the duties of guidance and control Final provisions + Article 161 This Code shall enter into force on 1 February 1954. --------------------