Application of disciplinary measures to minors. Civil sanctions.
Abstract
Parental authority represents one of the most complex legal concepts in family law, which encompasses the rights and obligations of parents, in relation to their minor children, being a legal institution regulated in accordance with the principle of the best interests of the child. Within the framework of parental rights and obligations regarding the child, an important component consists of regulating the aspects regarding disciplinary measures that can be applied to minors, namely the prohibition of using physical punishments, which are likely to affect the physical, mental or emotional development of the child. The article analyzes the civil implications determined by the application of discriminatory measures that affect the development of the child, by exposing both theoretical aspects and relevant national jurisprudence, in order to outline the importance of the harmonious development of minors and to understand the complexity of respecting the rights of the child. The main objective is related to the exposure of civil sanctions that may occur in the case of disciplinary measures applicable to minors, with an emphasis on the issuance of a protection order and the termination of parental rights, and the purpose of the research is related to the recognition of the importance of respecting the rights of the child and his harmonious development, as well as to the analysis of the need for strict legal regulation of all legal consequences that occur in the case of the application of disciplinary measures on minors in conditions that violate the legal provisions of art. 489 of the Civil Code.
Fields of Study & Subjects
Family and Matrimonial Law
Legal and Social Justice Studies
Criminal Law and Policy
Publication details
- Journal / source
- Jus et Civitas – A Journal of Social and Legal Studies
- Volume
- 76
- Issue
- 1
- Pages
- 47–55
- Publication date
- 1 January 2026