EXERCITAREA CALITĂȚILOR PROCEDURALE DE CĂTRE MINORI ÎN SOLUȚIONAREA CAUZELOR CIVILE DE CĂTRE INSTANȚELE NAȚIONALE

Abstract

Clear establishment of the procedural quality matters enormously for any civil process, since the amount of rights and obligations that the participant in the process will exercise depends on it. If minors are involved in the process, the procedural quality is paramount, since they personally, as a rule, cannot exercise their procedural rights and obligations. In national civil justice, minors are quite frequently involved in different categories of civil cases, implicitly in different types of civil procedure, and different procedural stages. From civil cases in general procedure, the most frequent being family disputes involving minors, to cases regarding the application of civil protection measures in case of domestic violence. Each of the relevant types of procedure progresses through different procedural stages, and minors remain procedural subjects until the final stage of enforcement, if it is implied. However, beyond the well-known statements related to the best interests of the child, the issue of the participation of minors in the multiple types of civil cases largely depends on the fair qualification of the procedural status of a minor. This article reveals only two scientific-practical issues: who is the real plaintiff in suits related to collection of child support payment (alimony) and what civil protection measures can be taken against the minor aggressor in case of domestic violence.