Facultatea de Drept / Faculty of Law

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    FORMULAREA ȘI DEPUNEREA CERERII PRIVIND ÎNAPOIEREA COPILULUI ÎN STATUL REȘEDINȚEI SALE OBIȘNUITE ȘI CEA PRIVIND EXERCITAREA DREPTULUI DE VIZITARE A COPILULUI. INSTANȚELE COMPETENTE ȘI AUTORITĂȚILE CU ATRIBUȚII ÎN MATERIE
    (CEP USM, 2024-11-07) Coban, Igor
    The Convention on the Civil Aspects of International Child Abduction, draf- ted in The Hague on October 25, 1980, and Chapter XXV1 of the Code of Civil Procedure of the Republic of Moldova, establishes a contemporary and efficient mechanism for resolving cases aimed at counteracting the consequences of the phenomenon of international civil child abduction. This requires the creation of clear and efficient procedural mechanisms to maximize the effectiveness of this instrument, as the best interest of the child is at stake. In this regard, the request initiating the procedure for the return of the child to their habitual residence state and the request concerning the exercise of the right to visit the child involve several particularities, which necessitate the detailing of these formal and substantive requirements through a clear presentation. These substantive requirements for such categories of requests are intended to assist the competent authorities in promptly resolving such cases.
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    DETERMINAREA REȘEDINȚEI OBIȘNUITE A COPILULUI POTRIVIT CONVENȚIEI ASUPRA ASPECTELOR CIVILE ALE RĂPIRII INTERNAȚIONALE DE COPII DE LA HAGA DIN 25 OCTOMBRIE 1980
    (CEP USM, 2024) Coban, Igor
    The Hague Convention on the civil aspects of international child abduction of 25 October 1980 represents a viable mechanism for the situation of returning children to their country of origin in the event of an international abduction. The goal of present study is to reveal the meaning and essence of the concept of ”child`s habitual residence” in order to disclose the procedural particularities of the instruments provided by the HCCH 1980 Child Abduction Convention, so that the interest of the children’s, which seeks protection from the harmful effects of wrongful removal and retention across international boundaries, were protected efficiently. In this regard, present study proceeded to identify the defining criteria of ”child`s habitual residence” through HCCH 1980 Child Abduction Convention, the detailed analysis of interpretation of High International Courts, such as: European Court of Human Rights and European Court of Justice, through its cases. No less important attention was paid to internal regulations by analyzing the relevant provisions of the Civil Code of the Republic of Moldova in determining the notion of the child`s usual residence.