scholarly journals “Person” in the Polish Family and Guardianship Code

2021 ◽  
Vol 7 (2) ◽  
pp. 1-15
Author(s):  
Elżbieta Szczot
Keyword(s):  
Parental Authority ◽  
Legal Capacity ◽  
Complex Issue ◽  
Child Adoption

The article presents the issues related to the understanding of the person in the Polish Family and Guardianship Code. It shows the complex issue of acquiring legal capacity, including the legal capacity of the conceived child, the relation between parental authority and the child, adoption of the child, the acquisition and scope of capacity for legal acts, as well as some limitations resulting from incapacitation were showed.

Custody of the child’s property

2021 ◽  
Vol 2(24) ◽  
pp. 197-211
Author(s):  
Agnieszka Gałakan-Halicka
Keyword(s):  
Child Custody ◽  
Parental Authority ◽  
Standard Of Living ◽  
Property Management ◽  
Legal Capacity ◽  
Due Diligence ◽  
The Family ◽  
The Subject ◽  
Legal Consequences ◽  
Taking Care

The subject of considerations in the article is the issue of the content of parental authority, with particular emphasis on one of its components, namely the care of the child. An analysis of the provisions of the Family and Guardianship Code allows us to assume that the main elements of parental authority are taking care of the child, custody of the child’s property and representing it. Custody of the child’s property is a very important element of parental authority because the child, due to the lack of legal capacity or its limitation, needs the help of its statutory representatives. The statutory representative either performs in person the legal act on behalf of and with legal consequences directly for the child or gives consent to perform it by the minor. In order to ensure the protection of the child’s interests, the legislator introduces certain rules for exercising custody over the child’s property, including the obligation for parents to obtain court permission to perform activities exceeding the scope of day-to-day management, carrying out the property management with due diligence, the principle of an equal standard of living for the family remaining in the household, or the order to make an inventory of the child’s property. The article ends with considerations on the termination of the management and its consequences.

Not at Imminent Risk

Crisis ◽  
2015 ◽  
Vol 36 (6) ◽  
pp. 459-463
Author(s):  
Kate Monaghan ◽  
Martin Harris
Keyword(s):  
Early Intervention ◽  
Suicidal Ideation ◽  
Intervention Strategies ◽  
Group Method ◽  
Narrative Approach ◽  
Complex Issue ◽  
Research And Practice ◽  
Client Group ◽  
Types Of Information ◽  
Imminent Risk

Abstract. Background: Suicide is a pervasive and complex issue that can challenge counselors through the course of their careers. Research and practice focus heavily on crisis management and imminent risk rather than early intervention strategies. Early intervention strategies can assist counselors working with clients who have suicidal ideation, but are not at imminent risk, or with clients whose risk factors identify them as having a stronger trajectory for suicidal ideation. Aims: This systematic literature review examines the current literature on working with clients with suicidal ideation who are not at imminent risk, to ascertain the types of information and strategies available to counselors working with this client group. Method: An initial 622 articles were identified for analysis and from these 24 were included in the final review, which was synthesized using a narrative approach. Results: Results indicate that research into early intervention strategies is extremely limited. Conclusion: It was possible to describe emergent themes and practice guidelines to assist counselors working with clients with suicidal ideation but not at imminent risk.

Parental Authority Questionnaire--Revised

2002 ◽  
Author(s):  
David Reitman ◽  
Paula C. Rhode ◽  
Stephen D. A. Hupp ◽  
Cherie Altobello
Keyword(s):  
Parental Authority ◽  
Parental Authority Questionnaire

Our Bodies, Whose Property?

2013 ◽  
Author(s):  
Anne Phillips
Keyword(s):  
Labor Markets ◽  
Personal Autonomy ◽  
The Body ◽  
Body Parts ◽  
Complex Issue ◽  
Human Organs ◽  
Property Owners ◽  
The Common ◽  
The Difference ◽  
The Right

No one wants to be treated like an object, regarded as an item of property, or put up for sale. Yet many people frame personal autonomy in terms of self-ownership, representing themselves as property owners with the right to do as they wish with their bodies. Others do not use the language of property, but are similarly insistent on the rights of free individuals to decide for themselves whether to engage in commercial transactions for sex, reproduction, or organ sales. Drawing on analyses of rape, surrogacy, and markets in human organs, this book challenges notions of freedom based on ownership of our bodies and argues against the normalization of markets in bodily services and parts. The book explores the risks associated with metaphors of property and the reasons why the commodification of the body remains problematic. The book asks what is wrong with thinking of oneself as the owner of one's body? What is wrong with making our bodies available for rent or sale? What, if anything, is the difference between markets in sex, reproduction, or human body parts, and the other markets we commonly applaud? The book contends that body markets occupy the outer edges of a continuum that is, in some way, a feature of all labor markets. But it also emphasizes that we all have bodies, and considers the implications of this otherwise banal fact for equality. Bodies remind us of shared vulnerability, alerting us to the common experience of living as embodied beings in the same world. Examining the complex issue of body exceptionalism, the book demonstrates that treating the body as property makes human equality harder to comprehend.

CONSTITUTIONAL AND TRANSLATIVE ACQUISITION OF RIGHTS IN THE CONTEXT OF THE DOCTRINE OF OWNERSHIP TRANSFER

2017 ◽  
Author(s):  
Myroslava Hudyma ◽  
Keyword(s):  
Property Rights ◽  
Property Right ◽  
Legal Capacity ◽  
Close Attention ◽  
Ownership Transfer ◽  
The Right ◽  
Qualitative Characteristics

Within the framework of the general doctrine of constitutive and translational acquisition of rights, the publication made an attempt to identify their suitability for describing the phenomenon of ownership transfer. The general characteristics of translational and constitutive acquisition of rights are analyzed, their differences are highlighted, and it is emphasized that the specified types can cover such legal situations as full transfer of the right (the right as a whole), and transfer of a part of powers (as components of the certain right). The paper underlines that the differences between the types of acquisition of rights are not so much quantitative (one jurisdiction or their complex is transferred), as qualitative characteristics and such issues are especially relevant in the spectrum of research on the transfer of ownership as a right that includes a triad of powers. Close attention is paid to the construction of constitutive acquisition of right, the possibility of use of which is extremely controversial, due to the overwhelming denial of the correctness of separation and alienation of a separate authority from ownership right, because the approval of the latter will lead to theoretical dissonance on the existence of incomplete (split ownership). It is emphasized that the application of the construction of the transfer of authority can take place in different shades of meaning and be combined with the right alienation, and without it. Therefore, the construction of right granting without alienation of the right is quite viable. Moreover, the transfer of one or even several powers of the owner is not only practically possible, but also necessary to establish limited property rights on the basis of full property right (ownership right). However, it is noted that in these cases, the acquirer will not receive the right of the alienator as a whole, but only certain legal possibilities of behavior in relation to a particular good. The legal capacity of the acquirer will not coincide with the legal capabilities of the alienator in content and scope, and therefore to talk about the transfer of ownership is incorrect, only a certain authority (powers) of the owner will be transferred, provided its (their) separation admissibility. The paper concludes that the specifics of property rights, which forms a triad of indivisible powers, determines the possibility of applying the construction «transfer of ownership» only to cases of translational acquisition of right, in which the acquirer receives a right identical to the right of the grantor both in content and volume.

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