parental authority
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2021 ◽  
Vol 7 (2) ◽  
pp. 1-15
Author(s):  
Elżbieta Szczot

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.


2021 ◽  
Vol 47 (4) ◽  
pp. 107-134
Author(s):  
Hanna Witczak

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.


2021 ◽  
Vol 10 (12) ◽  
pp. 469
Author(s):  
Leon Kuczynski ◽  
Taniesha Burke ◽  
Pauline Song-Choi

This study explored mothers’ perceptions of their children’s resistance to their requests and defiance of parental authority during middle childhood and early adolescence. We were interested in parental perceptions of change in resistance, their interpretations of the meaning of resistance, and parental responses to these behaviors. Forty Canadian mothers of children 9–13 years of age participated for one week in a study focused on parents’ experiences of children’s resistance and opposition. Procedures consisted of a qualitative analysis of mothers’ reports from a five-day event diary and a 1 h semi-structured interview. Mothers reported developmental changes in the quantity and quality of children’s resistance to parental requests and expectations. Most mothers reported increasing displays of defiance and direct and indirect expressions of attitude but also noted changes in the skill with which children expressed resistance. Mothers interpreted children’s resistance as annoying but normal expressions of children’s developing autonomy. Mothers supported children’s right to expression of agency through resistance but attempted to channel children’s resistance toward socially competent expressions of assertiveness. The findings have implications for a relational perspective on autonomy-supportive parenting and parents’ goals for children’s developing social competence in the 21st century.


2021 ◽  
Vol 11 (1) ◽  
pp. 251-262
Author(s):  
Barbara M. Kałdon

Care for the well-being of the youngest family members is one of the main goals of the legislator. A properly functioning family does not require an interference of the officials as long as it does not deviate from the generally accepted standards. However, if such a situation occurs, it is necessary to undertake legal mechanisms aimed at restoring the proper functioning of the family. Consequently, various branches of the law regulate instruments to help the family overcome the crisis. The article presents selected areas of civil law child protection referring to such issues as prohibition of using corporal punishment against a minor and the consequences of its violation, other forms of abusing parental authority, as well as the regulation of certain relations between parents and children.


2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Catherine L. Tam

Theory and research on parent–child interaction generally make a priori assumptions of asymmetry in authority between parent and child. Rather than investigating how children exercise autonomy by resisting parental authority, I examine their methods for exercising deontic authority in interaction with their parents. Using conversation analysis and drawing on Stevanovic and Peräkylä’s distinction between deontic status and stance, I analyse video-recorded naturally occurring interactions in which children issue demands to their parents, thus claiming a high deontic stance. Parents may choose to comply and reinforce the claim or not. Domains of deontic authority are (re)negotiated when children pursue compliance; though children can test the boundaries of their authority, parental responses reinforce them, reifying their own authority.


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