Particular aspects regarding the exercise of parental authority by other relatives

Abstract

The purpose of our scientific approach is to briefly present the conditions provided by law, which must be met in order for parental authority to be exercised by other relatives. Thus, the main aspects that the national judge scrupulously checks for the legal and thorough settlement of a civil case, which has as its object the legal situation of a minor, are advanced punctually.
In a first stage, the concept of parental authority and the rule in this matter are analyzed, respectively, that the exercise of parental authority is carried out by parents together.
Then, the study focuses on the interpretation of the provisions of art. 399 of the Civil Code which regulates one of the exceptional situations from the rule stated above, namely, the one in which the court orders that parental authority be exercised by a relative.
At the same time, during the research, elements of judicial practice were exposed, and at the end, there are de lege ferenda proposals regarding the analysed matter.