INTERESUL SUPERIOR AL COPILULUI - NORME VECHI ȘI NOI, SOLUȚII DOCTRINARE ȘI JURISPRUDENȚIALE PERENE

The Romanian Civil Code regulates the principle of the best interest of the child and provides for its application in different subjects through special rules, which ensure a certain content and preserve the flexibility of the concept. In order to reach this legislative solution, Romanian law went through several stages. First, the Civil Code of 1864 regulated parental power and gave parents, especially the father, increased authority in family relations. Secondly, the Family Code of 1954 focused parental protection on the interests of the child and provided for the equality of parents in relations with minor children. Finally, after 1990, beginning with doctrine and jurisprudence, later also on a legislative level, a significant revival can be observed in national law in the matter of the protection of children's rights. Especially after 2004, the idea of the best interest of the child became a veritable axis of the rules in this matter, and the Civil Code consolidated the respective direction from 2011