Facultatea de Drept / Faculty of Law

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RESPECTAREA INTERESULUI SUPERIOR AL COPILULUI ÎN PROCEDURA NOTARIALĂ
(CEP USM, 2022-09-30) Țurcan, Daniela
The defense of the rights and legal interests of minors has always been one of the priorities of any rule of law. The role of the notary in the implementation of this mechanism proves to be a decisive one. Especially in the Latin notary system, the function of the notary is not limited to the execution of notarial acts with the participation of minors, but sets as its goal the particular pursuit of the supreme interests of minors. Notaries succeed in becoming a strong key in the protection of minors' rights within the entire state mechanism, especially in private relationships. The competence of the notary gives him the opportunity to be directly involved in the promotion of legal norms for the defense of the legal status of minors in society. However, the author points out several existing gaps in the legal mechanism for protecting the rights and interests of minors. By examining types of notarial documents involving minors, highlighting the privileged status of minors in society, the author concludes that the introduction of some changes in the domestic legislation will allow the notary to develop a more appropriate and favorable competence for the defense of the rights and interests of the minor and also to remain the strategic partner of the state in this regard.