Interesul superior al copilului în drepturile patrimoniale [Articol]

Abstract

Children are treated as beneficiaries of all human rights and fundamental freedoms, and children's rights are currently an intersectoral field of law, which increases the need to research important legal fields for children. The best interest of the child belongs to the category of principles that ensure the guarantee, respect and promotion of the child's rights. The purpose of that article is to research and analyze the regulations at the national level of the interest of the child in the field of his patrimonial rights. Such an analysis is important, since the identification of the functioning of the rules governing this field simplifies the process of determining and applying them by litigants, but also the establishment of problems that arise when applying the rules for their subsequent removal. Although the field of the patrimonial rights of the child has a wide spectrum for regulation, in practice a series of shortcomings have been identified that prevent the application of the rules in the appropriate way. The legal framework in force regarding the patrimonial rights of the child, undoubtedly requires an extensive analysis carried out together with the bodies/authorities responsible for the application of the respective norms in order to ensure the unambiguous interpretation and subsequent application of the provisions without any deficiencies, respecting in a finally, the main goal – protecting the best interests of the child.