INSTANȚA COMPETENTÃ SÃ IA MÃSURI CU PRIVIRE LA RELAȚIILE DE FAMILIE ÎN LUMINA REGLEMENTÃRILOR NOULUI COD CIVIL ȘI ALE NOULUI COD DE PROCEDURÃ CIVILÃ

Starting on October 1, 2011, the new Romanian Civil Code (Law no. 287/ 2009, republished on July 15, 2011) entered into force and, as of February 1, 2013 the new Romanian Code of Civil Procedure (Law no. 134/2010, republished on 3 August 2012) shall come into force. Both the above mentioned codes are being developed by Law no. 71/2011 for the implementation of the new Civil Code, and respectively by Law.76/2012 for the implementation of the new Code of Civil Procedure. The new regulations introduced in the Romanian legislation the concept of guardianship court but until the entry into force of such court its powers which are set out in the new Civil Code shall be exerted by the courts, sections or, where appropriate, the existing specialized juvenile and family panels. Unfortunately, during 2011-2012, the regulations in the new Civil Code, the new Code of Civil Procedure and the two laws for application thereof, as being amended and supplemented several times, the guardianship court relevant legislation is confusing at the present time, thus its transposition in practice is difficult. That being the case, the author attempts in this study to solve a number of problems arising from the situation described and to make some proposals with a view to the future law.