scholarly journals LEGAL RELATIONS BETWEEN PARENTS AND CHILDREN IN POLISH FAMILY LAW (SELECTED ISSUES)

2021 ◽  
pp. 101-111
Author(s):  
A. Lutkevich-Rucinska
Keyword(s):  
Family Law ◽  
Parental Authority ◽  
Legal Regulations ◽  
Parents And Children ◽  
Legal Grounds

The paper deals with selected issues of Polish family law, concerning legal relations between parents and children. The Author presents basic provisions which refer to parental authority over the child, indicating in particular components of parental authority, the statutory directives determining the manner of it’s exercise and the legal grounds for limitation, deprivation or suspension of parental authority by a court judgment. In the paper the Author also presents the most important issues relating to legal regulations of contact of parents with the child and mutual maintenance obligations between parents and children.

Parental legal authority to determine and change the name, patronymic and surname of children: continuity of approaches in the Soviet and Russian legal systems

2021 ◽  
Vol 2021 (1) ◽  
pp. 78-87
Author(s):  
Nataliya Burdanova
Keyword(s):  
Legal System ◽  
Legal Status ◽  
Family Law ◽  
Parental Authority ◽  
Legal Authority ◽  
Russian History ◽  
Judicial Practice ◽  
Parents And Children ◽  
Legal Situation ◽  
History Of

Using the example of parental powers to determine and change the name, patronymic and surname of children, the article examines the regularity of the formation and development of the institution of personal non-property rights and responsibilities of parents in Russia. The author describes the legal situation of parents and children established in the monarchic period of Russian history by 1917. Issues such as the prerequisites for the establishment of the legal institution of the branch of family law in the Soviet legal system and the nature and causes of changes in the legal status of children depending on the legality of birth have been raised. The rights and duties of parents, differences in the legal status of men and women, and the influence of marital status and other circumstances were considered. The main sources of the study were normative legal acts and judicial practice of the Soviet and Russian periods of the history of the national state and law. The study concluded that a comprehensive approach had been developed in Soviet family law to regulate parental authority to determine and change the children’s first name, patronymic and surname. The modern Russian legal system has adopted rules establishing parental authority to determine and change the children’s first name, patronymic and surname of the Soviet legal system.

scholarly journals The principle of self-determination in the family law through history and today

2004 ◽  
pp. 159-178
Author(s):  
Gordana Kovacek-Stanic
Keyword(s):  
Parental Care ◽  
Family Law ◽  
Family Relations ◽  
Historical Context ◽  
Civil Code ◽  
Self Determination ◽  
200Th Anniversary ◽  
Parents And Children ◽  
The Family ◽  
The Moment

In the jubilee year 2004, Serbia marks the 200th anniversary of The First Serbian Uprising, structuring of modern Serbian state and its legal system comparatively speaking, France marks the 200th anniversary of passing the French Civil Code, one of the most significant civil codifications in the 19th century. It was an occasion to study certain institutions of family law through history and today. The used approach is modern, we studied the ways how the principle of self-determination influenced the family-legal solutions today, and we investigated if one could talk about the effect of this principle in the historical sense, too. The principle of self-determination implies the possibility for the subjects of family-legal relations to arrange their own relations themselves ? both the partner and parent relations. However, this principle undergoes significant limitations in the family law because the family relations are personal relations by character, as well as because of the need to protect the weaker participant, both the weaker partner or a child who needs protection stemming from his/her very status. Within marriage law, the principle of self-determination of the spouses (extramarital partners) is, among other things, made concrete through the possibility for an agreement about the effects of marriage (extramarital union), then through the possibility of agreed divorce, while the procedure of mediation in the marriage litigation contributes to the realization of the mentioned principle. As for the effects of marriage (extramarital union), the paper particularly discusses property relations, that is the marriage property contract, because it is at the moment a current issue in our domestic law. Within the relations between parents and children, the concretization of the principle of self-determination in parental care is significant, particularly in the situations when the relations between the parents were disturbed and resulted in a separation or a divorce with the joint parental care (application of the parental right). All institutions are analyzed in the positive law, in the historical context (solutions from the Serbian Civil Code the former Hungarian Law), and viewed comparatively in the European legal systems of the east and west European countries.

Parents and Children: Rights and Duties

2011 ◽  
Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman
Keyword(s):  
Legal Status ◽  
State Intervention ◽  
Third Parties ◽  
The State ◽  
Parental Authority ◽  
Financial Independence ◽  
Parents And Children ◽  
American Law ◽  
Children Rights

This chapter looks at the rights and obligations of those who have earned (or been saddled with) the legal status of “parent.” It examines state intervention in troubled families and challenges to parental authority by third parties (grandparents seeking visitation rights, for example). The chapter also looks at children's procedural and expressive rights against the state, and the rights against their parents related to financial independence, sex, marriage, and reproduction. It shows that American law has empowered children—at least to a degree—and has defined not only their rights, but also what society and their parents owe them, though enforcing these rights can be somewhat difficult regardless.

scholarly journals Uwagi na temat wykonywania władzy rodzicielskiej

2019 ◽  
pp. 113-129
Author(s):  
Edyta Kogut
Keyword(s):  
Family Law ◽  
Comparative Method ◽  
Parental Authority ◽  
Parental Responsibility ◽  
Significant Issue ◽  
Legal Representation ◽  
The Subject ◽  
Difficult Subject

The subject connected with the legal representation of a child by a parent in Poland and with the limitation of parental responsibility has become a significant issue in the area of family law. This field has long remained beyond the scope of both research and reflection. The article raises the issue of rights and obligations towards a child arising from being a parent. It also shows how the institution of limitation and deprivation of parental responsibility works. The aim of this paper is not only to analyze such a difficult subject, that is the imitation of parental authority, but the effects it has on a child as well. A comparative method and descriptive technique have been used in this study. 

scholarly journals Parental responsibility

1991 ◽  
Vol 15 (3) ◽  
pp. 129-132 ◽  
Author(s):  
Roger Kennedy
Keyword(s):  
Mental Health ◽  
Mental Health Professionals ◽  
Health Professionals ◽  
Family Law ◽  
Parental Responsibility ◽  
Parents And Children

One of the main concepts in the new Children Act (1989) is that of parental responsibility, which will significantly alter the practice of family law and that of mental health professionals dealing with the troubled family. Instead of an assumption that parents have absolute authority over their children, there is the notion of a partnership between parents and children, with the power of the parent decreasing as the child grows in maturity and understanding. There is an emphasis on partnership between parents and those who will have to share in having parental responsibility when it has broken down. Thus the new Act is essentially child centred. It affirms the principle, current in Wardship proceedings, that the child's welfare shall be the court's paramount consideration.

scholarly journals La protection sociale et judiciaire de la jeunesse, premier pas vers une réforme globale du droit de la famille

2005 ◽  
Vol 19 (2) ◽  
pp. 507-528
Author(s):  
Edith Deleury ◽  
Michèle Rivet
Keyword(s):  
Family Law ◽  
Civil Code ◽  
Parental Authority ◽  
Youth Protection ◽  
Considerable Impact

Two recent statutes adopted by the provincial Legislature will have considerable impact on the rights of children: Bill 24 replaces the Youth Protection Act and alters substantially the protection, both social and judicial, afforded to minors; Bill 65 replaces the concept of paternal authority of the Civil Code by that of parental authority. One cannot but laud the Legislator's intentions apparent in such statutory enactments but one must also note certain incoherent aspects of these recent laws. Thus, the reform of parental authority is much too limited and should have been carried out in the context of a complete revision of family law. As for the new Youth Protection Act, such a piece of legislation raises important questions concerning its implantation and application.

scholarly journals Specifics of Legal Regulation of Property Relations of Minor Family Members

2021 ◽  
Vol 2021 (2) ◽  
pp. 165-173
Author(s):  
Svetlana Voronina
Keyword(s):  
Property Rights ◽  
Family Law ◽  
Family Relations ◽  
Legal Regulation ◽  
Scientific Publications ◽  
Property Relations ◽  
Parents And Children ◽  
The Family ◽  
Organizational Relations ◽  
Private And Public

he present research considered the property rights of minors by comparing civil and family legislation. The article covers various matters of separate ownership of parents and children, property management, and the behavior of parents, as well as sectoral and inter-sectoral legal relations as a whole based on family relations. The research was based on normative legal acts, scientific publications, and precedents. Family law regulates the property relations between parents and children regarding the maintenance and personal belongings. Any other property rights of minors fixed by the Family Code go beyond the limits of family law and are part of civil law. The basis of civil property relations of minors is the family relations. Therefore, they have to take into account social and legal relations between parents and children. A prerequisite for the emergence and implementation of property relations is the organizational relations that arise between the subjects of private and public law. Authorization by the guardianship authority ensures the protection of the property rights and interests of children. The regulation of property relations involving minors and their legal representatives is subject to inter-sectoral and inter-subject interaction, which must be taken into account when implementing the rights of minors and protecting them.

scholarly journals THE FAMILY - A BIOLOGICAL, SOCIAL AND JURIDICAL REALITY

2014 ◽  
Vol 8 (1) ◽  
pp. 104-108
Author(s):  
Iosif Florin Moldovan
Keyword(s):  
Family Members ◽  
Social Reality ◽  
Legal Regulations ◽  
Narrow Sense ◽  
Genealogical Tree ◽  
Legal Definition ◽  
Parents And Children ◽  
Biological Reality ◽  
The Family ◽  
Definition Of

The family is a biological reality entailed by the union between a man and a womanand by procreation; it is a social reality, given the community of life between the spouses,between parents and children and, generally, between the family members; last but not least,it is a legal reality, by way of the legal regulations regarding the family.In a narrow sense, the notion of the family includes the spouses and their minorchildren. In a broader sense, the notion of the family would mean the genealogical tree thatincludes the totality of the persons descended from a common author, to whom are added thespouses of those persons.A precise and rigorous definition of the notion of family is hindered by manydifficulties, simply because it is an object of research in various and numerous sciences,such as sociology, psychology, law, medicine, etc., each trying to capture its characteristicaspects from their particular angles. The motivation? The legislators themselves are notconsistent in establishing a legal definition of the family, providing this notion with an arrayof different meanings.In this paper, we will attempt to outline and account for these realities of the familyfrom a legal standpoint, as evinced by various statutory regulations in this field.

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