Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2001, nr 3
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Item OBOWIĄZKI DZIECKA WOBEC RODZICÓW(Wydział Prawa i Administracji UAM, 2001) Sylwestrzak, AnnaThis article attempts to interpret the regulations of the Polish Family and Guardianship Code concerning a child’s duties towards parents, in particular the character of those duties and their significance in the social and court practice. It does not embrace, however, all the issues connected with this subject. To exhaust it, one would have to discuss such points as the abuse and negligence of the parental power in the aspect of the obedience duty, and enforcing the obedience duty by parents. For the sake of the limited size of the article it was reduced to the most salient matters. 1. The character of the duties other than maintenance, specified in art. 87 and 91 of the Polish Family and Guardianship Code, is a result of the occurring differences in the prerequisites, scope, content, conditioning upon financial interest, the social function, and the consequence of violating both of these two groups o f duties. A clear division of duties into those which relate to maintenance and those which do not may sometimes be difficult, or even pointless, since these two obligations co-exist and complement each other. One behaviour can therefore fulfil both o f these duties. 2. The norms imposing duties towards parents play mainly a regulatory and educational role. Their violation can be followed by specific legal consequences, most of which are, however, indirect and not aimed directly at forcing a child into obedience. It is characteristic that they are applied only in more serious cases of duty violation, and they assume their strongest form in cases when a child fails to fulfil the duty to obey. 3. The support duty due to its general content completes the other norms of the Family and Guardianship Code concerning duties towards parents. Art 87 of the Code is concretised in the regulations about maintenance duties and can therefore be quoted in additiona to those regulations as the grounds for adjudging maintenance payments. It cannot, however, be an independent ground of such a verdict, for this would be an instance of going round the maintenance law. 4. The duty of contribution to covering the family living costs realises the principle of equal living standards for the whole family. A way of completing this duty can be subject to a civil contract, especially in the case of a pension contract. This, however, only applies to children of age. 5. The obligation of help in the common household has a selfless character, and its peculiar equivalent is supposed to be the circumstances specified in the prerequisites in art. 91 § 2 of the Family and Guardianship Code. A child cannot therefore condition the provided help upon any specific benefits. This does not exclude awarding children for their work at home, since parents are free to use this type o f educational methods. 6. This essay is an attempt to present the essence and structure of the obedience duty. As has been shown, parents by executing parental powers shape their child’s behaviour with two kinds of influence. One of them, turned directly at the child, requires a response in the form of the child’s behaviour (obedience sphere). The other, though referring to the child, does not require any cooperation with the child in order to prove successful (endurance sphere), and the child only bears the consequence of the parents’ actions. The obedience duty can occur only in the obedience sphere. It does not have a direct character, however, since parents always leave a certain range o f freedom to the child (real independence sphere), within which the obedience duty has only a potential character. 7. The obedience duty corresponds to the parents’ influence mainly in the range of care o f the child, and it can also occur in the scope o f property management.