Stewardship and Parental Obligations

2016 ◽  
pp. 105-128
Keyword(s):  
Parental Obligations

scholarly journals Legal Status of Minor Testator’s Parents Deprived of Parental Authority in Intestate Succession. Some Remarks on the Solutions in Polish, Russian, and Italian Law

2021 ◽  
Vol 47 (4) ◽  
pp. 107-134
Author(s):  
Hanna Witczak
Keyword(s):  
Legal Status ◽  
Parental Authority ◽  
Legal Systems ◽  
Family Ties ◽  
Italian Law ◽  
Parental Obligations ◽  
Legal Situation ◽  
Polish Law ◽  
The Right ◽  
A Minor

The legal situation of minor testator’s parents in intestate succession poses a significant legal and social problem. In Polish law, parents who have been deprived of parental authority continue to enjoy their civil-law status; in other words, they maintain the right to inherit from their child under statute. Meanwhile, the reasons for which the court applied the strictest possible “sanction” in the form of deprivation of authority of parents who, in exercising their rights under parental authority, seriously violated the child’s interest or grossly neglected parental obligations, which is noticeable even to an ordinary bystander, seem to be sufficient “proof” that family ties, which are decisive for the statutory title to inherit, do not exist. If these ties are severed or seriously disrupted, the consequences should be seen in all areas of life. Simply put, persons who deliberately break apart the family should not enjoy the advantages that the law provides for testator’s closest relatives. In such a case, to consider the effect of deprivation of parental authority by “releasing” its holders from any obligation towards the child may not be considered a sufficient civil sanction, especially given that in the vast majority of cases, the reason for such deprivation is gross neglect of parental duties by one or both parents. The consequences of this type of negligence should also, if not primarily, consist in the deprivation of pecuniary benefits that the parents of a minor could enjoy after his or her death. The current legal solutions governing this area undoubtedly need to be revised. Such imperfect normative solutions adopted in Polish law prove the need to propose de lege ferenda recommendations. In this context, it is worthwhile to have a look at the normative solutions adopted in foreign legal systems and whether they can be grafted on Polish law. The reference to the Russian and Italian legal systems seems particularly recommendable due to the fact that their normative solutions directly allude to the institution of deprivation of parental authority in the context of admissibility of the title to inherit.

The Pediatrician's Role in Family Support Programs

PEDIATRICS ◽  
1995 ◽  
Vol 95 (5) ◽  
pp. 781-783
Author(s):  
Keyword(s):  
Family Life ◽  
Family Income ◽  
Divorce Rate ◽  
The United States ◽  
Growing Up ◽  
Quarter Century ◽  
Parental Obligations ◽  
Natural Support ◽  
Socially Isolated ◽  
Additional Support

The health and welfare of children depend on the ability of families, alone or with the assistance of others, to meet their needs. This task has become increasingly difficult for many families. Pediatricians need to be able to recognize situations in which families may have difficulty fulfilling parental obligations and assist the family in finding available additional support. CHANGES IN FAMILIES The structure of families and patterns of family life in the United States have undergone some profound changes during the past quarter century. The proportion of births to unmarried women increased between 1960 to 1985 from 5.3% to 22% and has continued in the same direction.1-3 Since 1960 the divorce rate has more than doubled,1-3 and it is estimated that 25% of children growing up in this decade will experience a divorce.4 Although remarriage rates are high, over a third again end in divorce.5 As a consequence, 8% fewer children are living with two parents (74.8% in 1989 versus 83.1% in 1971),6,7 and only 61% live with both biologic parents.8 Further evidence of change in family life is that almost 60% of all mothers with preschool-aged children are in the labor force, reflecting a twofold increase since 1970.9 A decline in the purchasing power of family income, the lack of comparable wages for women, and significant rates of homelessness have all stressed families and contributed to the continuing escalation of the percentage of children who live in poverty. Finally, internal migration within the country has separated many families from the natural support systems provided by their extended families, leaving parents socially isolated and interrupting the intergenerational transmission of advice and support.

Family caregiving for adults with sickle cell disease and extremely high hospital use

2016 ◽  
Vol 21 (12) ◽  
pp. 2893-2902 ◽  
Author(s):  
Shan-Estelle Brown ◽  
Daniel F Weisberg ◽  
William H Sledge
Keyword(s):  
Sickle Cell Disease ◽  
Sickle Cell ◽  
Family Caregiving ◽  
Hospital Admissions ◽  
Early Death ◽  
Romantic Partners ◽  
Cell Disease ◽  
Parental Obligations ◽  
Resilience Training ◽  
Hospital Use

This study investigated coping with chronic illness in the adult patient–caregiver relationship for sickle cell disease, marked by debilitating acute and chronic pain. One-on-one interviews ( N = 16) were conducted with eight primary caregivers of eight adults with extremely high hospital use, severe sickle cell disease with hospital admissions several times monthly over successive years. Caregivers were predominantly parents; two were romantic partners. Caregivers attributed disruptions to the disease’s variability, tensions in how much support to give, and adults’ inability to fulfill parental obligations. Both groups expressed fears of patients’ increasing age, declining health, and early death. Targeted counseling and resilience training is recommended.

scholarly journals ‘Sperm bandits’, birth control fraud and the battle of the sexes

Legal Studies ◽  
2001 ◽  
Vol 21 (3) ◽  
pp. 460-480 ◽  
Author(s):  
Sally Sheldon
Keyword(s):  
Birth Control ◽  
Nuclear Family ◽  
Case Law ◽  
Paper Briefly ◽  
Similar Action ◽  
Parental Obligations ◽  
Battle Of The Sexes ◽  
The Us ◽  
Newspaper Reporting ◽  
The Uk

This paper briefly reviews the US case law dealing with the issue of birth control fraud and speculates on the possibility of a similar action succeeding in the UK. It then focuses on newspaper reporting of one such case. A common media reading of this case, and one which can also be detected in some academic commentary of similar cases, is to contextualise it as part of an ongoing ‘battle of the sexes’, where historic poles of inequality have become reversed and women have gained unfair (legal) advantage in procreative matters. It is argued that such an understanding is flawed and misleading, serving to distract attention from the legal structuring of these kinds of disputes. The paper concludes that the operation of the law can here be better understood as seeking to support the nuclear family in a way which can impact negatively on both individual men and individual women. The birth control fraud cases invite us to rethink the way that parental obligations are imposed and to justify more rigorously the choices which we make in this regard.

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