THE CHILD’S OPINION AND OTHER MATTERS OF LAW, ESPECIALLY REGARDING THE CASE OF SORINA
Abstract
Starting from the idea of a legal study related to the child’s opinion, we considered that an efficient method to emphasize the important matters would be by reference to a practical complex case in terms of the questions of law raised, namely the case of Sorina.
We shall only refer to the arguments relating to the appreciation of the child’s opinion both in the trial phase and in the enforcement phase, which has not taken place in this case. We have tried to provide an answer to certain current problems: How concrete and relevant should the evidence leading to the removal of the child’s opinion be? In the matter of adoption, could the child’s opinion be facultative? Should the best interest be considered as immediate, present or as an interest considered in a more distant future? What kind of consequences does the child’s opinion generate in the matter of enforcement? All these questions are found in Sorina case, which has raised so much interest and excitement recently. However, another side of the law (as science,
art etc.) is even the excitement that we find in the matter of family relationships, especially when minor children are involved.
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