UBACyT research projects
Starting date of the project
July 1, 2011
Ending date of the project
June 30, 2013
Code
20020100300006
Type of project
Young researchers
Title
Legislative basis for the urgent processing of the orders of children' international restitution.
Director
Luciana Beatriz Scotti
Contact
| MEMBERS | ||
|---|---|---|
| N° | Name | Category |
| 1 | Rocío Marlene Álvarez De Elias | Investigator in training |
| 2 | Leandro Baltar | Investigator in training |
| 3 | Susana Esther Leal | Investigator in training |
| 4 | Mariana Antón Peréz | Student researcher |
| 5 | Rodrigo Laje | Investigator in training |
Keywords
International restitution children
Urgent processing
Abstract
The conjugal disagreements sometimes derive in conducts highly harmful to the own children. Inside the wide range of such perverse conducts that in many cases the progenitors assume frequently, that one that it consists of displacing illicitly the child from the State where this one has his habitual residence to a different country or to retain him illegally. Such a phenomenon has increased considerably for effect of the international dispersion of the family, of the multiplication of marriages and intercultural pairs, of the increase of the communications, of the speed of the modern means of transport, of the labor international migrations, and in general, of the flexibility of the borders of the postmodern State. The analysis of this delicate question corresponds to the Private International Law, which, in effect, has dealt with its regulation specially across international conventions that attend to a fundamental aim, to its “raison d'être”: the rapid return of the minor to his center of life. For it, there turns out to be imperious the need to approve a procedure adapted to this phenomenon. The unjustified delays, the extensive judicial steps for the international restitution of a minor, denaturalize totally the institution and principally, his purpose: the prompt return of the child to the place of his habitual residence, always having in consideration his own interest and well-being.