Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1985, nr 1
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Item Świadczenia socjalno-bytowe zakładów pracy na rzecz pracowników i ich rodzili(Wydział Prawa i Administracji UAM, 1985) Piasny, JanuszThe evolution and assesment of functioning of a system of employers' social benefits for workers and their families is a subject of the discussion in the article. The following social benefits are mily vacations, holiday's rest and tourism, rest of children and youth, maintaining cultural and educational units, and a developement of a phisical culture and sports. Those forms of services are aiming at securing proper conditions for workers and their families to reproduce working force in the leisure time. The second group of services is the benefits related directly to forming work conditions of persons employed in a given enterprise. Those benefits include subsiding enterprise housing, workers' lodging houses, private rooms, collective catering, schooling and medical services attached to an institution. The article presents not only changes in the scope of formation and distribution of benefits but also indicates at the previous failures of their functioning and at the ways and possibilities of their overcoming in the future.Item Więź zewnętrzna rodziny robotniczej rejonu uprzemysławianego w procesie przemian(Wydział Prawa i Administracji UAM, 1985) Tyszka, ZbigniewThe author surveys the effect of accelerated industrialization and urbanization of a town and its local region on a strength and a character of bonds of families of manufacturing industry workers with the crucial elements of local and regional svstem of social microstructures on the example of changes which took place in the industrialized town of Konin in the years 1967 - 1979. The survey results are the following:1) A long standing industrialization and urbanization of the Konin region did not result in a diminishing of family bonds in working class families with their close kins. It was undoubtedly influenced by the regional deseendence of the working class of Konin, what is typical for the formerly agricultural and presently industrialized regions of Poland (substantial reserves of regional working force). 2) A decrease in a percentage of large (three generational) families wras clearly established in Konin in comparison to stabilized towns and the domestic mean values. It is a typical phenomenon for the intensively industrialized town; a high demand for labor induces bringing it from outside what results in a need of securing housing conditions and in developement of housing projects. In such conditions young married couples find more chances to become independent in the aspect of having on own apartment. 3) Some small, loose and intensively concentrated spaciously neighbourhood circles which initially had developed in the industrialized town became very loose in the examined years reaching often a stage of non-binding acquaintance. It was effected by a rapid developement of a city character of Konin in the industrial, spatial and architectural respect. 4) A conspicious urbanization of workers' families social life could be observed, manifested in becoming independent socially from family and neighbourhood bonds. 5) In the industrialized city, the formalized, external institutional "premises'' of the existence of workers' families (and all employees' families) does not follow the rapid industrial and demographic developement of the city. The obvious conclusions for the social policies can be easily inferred from that situation.Item Postępowanie lekarza przy dokonywaniu zabiegu sztucznej inseminacji kobiety zamężnej(Wydział Prawa i Administracji UAM, 1985) Działyńska, MałgorzataDespite of the lack of legal regulation of artificial inséminât ion of married woman in Poland, these procedures are undoubtedly performed in our country. Therefore there is a necessity of defining basic duties of a doctor which have to be followed in performing the intervention's on account of (benefit of a child to be conceived in course of that intervention. The following article dwells on those problems. The intervention of artificial insemination of a married woman can be performed only when other methods of treating the spouses' sterility proved to be futile. It is in the basic obligations of medical doctor performing the artificial insemination to explain exhaustively both the target of the intervention and its legal consequences to the spouses. The said obligation becomes essential in case of a heterologous inseminâtion as a husband of a child's imother would be a subject to all obligations resulting from the paternity relationship in spite of the fact that he is not to be a biological father but he expressed his consent to the intervention The further duty of the doctor is to receive a consent of both spouses for ine insemination. The authoress postulates to have the consent in the written form. Abiding of that form can guarantee that the decision in question was made upon due consideration. Recalling of the consent at any time by the spouses is a particular feature of their act. Until the moment of intervention the spouses ought to be vested with competence of changing their decision. A choice of the sperm donor in case of heterologous insemination belongs to the medical doctor performing the intervention. No sperm of a man suffering of a hereditary disease which can appear in a future child can be used for the insemination. The fact -of performing insemination has to be considered as a medical secret. The secret has also to cover the donor. For it is in the interest of all parties engaged to abide the rule of full anonymity of the sperm donor.Item Zasada równej stopy życiowej w prawie rodzinnym(Wydział Prawa i Administracji UAM, 1985) Szlęzak, AndrzejThe principle of equal living standard has long been considered one of the elements defining the extent of the duty of alimony despite the fact that such a rule has never been expressly formulated in the provisions of family law acts. Nevertheless, it can easily be inferred from various articles of Family and Guardianship Code (F.G.C.) It requires that the standard of living of the subject entitled to support be. similar to the living standard of the person obliged to grant allowances. The principle of equal living standard operates within the general provision defining the premisses delimiting the scope of alimony (art. 135 § 1 of F.G.C.). In other words, the said principle merely modifies those premisses but does not eliminate them from the process of stating the extent of the duty of alimony. The equail living standard principle should be applied to delimiting the volume of alimony between the persons constituting the family in terms of art. 23 and 27 of F.G.C, and between the parents and their dependent children (art. 133 § 1 of F. G. C). The opinions suggesting wider or narrower range of application of the said principle do not seem justified in view of the provisions of F.G.C.; moreover, they have never gained any considerable support in the light of thé Supreme Court's decisions.Item Zakres funkcji opiekuńczo-zabezpieczającej rodziny(Wydział Prawa i Administracji UAM, 1985) Kotlarska-Michalska, AnnaThe present article contains the review of various means of handling the tutelar and securing functions of a family in the Polish sociological literature. The differences in handling of that function are resulting from ,a various understanding of function's essence. For some it means effects of acts, for others it is acts performed by a family or goals a family is aiming at. Various ranges (sets of: acts, actions, goals) .and names of the same function are consequence of the unequivocal understanding of function. The „tutelar and educational function" and „securing function" are the names in most frequent use. Irrespective of the function's name it is is often ascribed the following acts: tutelar, care, services, various forms of material benefits and acts of prevention and securing. Any of the presented definitions includes a distinct „set" of acts. The review of the frequently used denominations for the tutelar and securing functions prove that they can be handled in three ways: a) as an autonomous function, posessing the own range, b) the two-range function being a merger of two functions, e) non-autonomous function included in the range of several other functions. Complexity of the tutelar and securing functions and the methologieally desired necessity to differentiate it from the whole of family functions induced the authoress to present a descriptive-enurrerative definition containing explicitely all substantial acts actions and attitudes.Item Polityka społeczna wobec rodzin wielodzietnych(Wydział Prawa i Administracji UAM, 1985) Woś, JerzyIrrespective of the present controversies related to numerous families, the system of social assistance rendered to them should undergo substantial modifications. In the centralized State system the effectiveness of compensating for the increase of maintenance costs has to be advanced and the concentration of resources must be carried out by means of giving up assisitance to well-to-do families. The enterprises though, should talee more account to workers' attitudes in the employed members of families, including the numerous ones. The social functions of State and enterprises must result from a complex system of social assistance.Item Międzynarodowa ochrona praw dziecka w ONZ(Wydział Prawa i Administracji UAM, 1985) Michalska, AnnaThe article has been prepared by Anna Michalska as a part of work elaborated by the staff of the Ghair of International Law of the University of Adam Mickiewicz in Poznań in course of the studies on problems of internationail family protection. The work consists of two parts. Provisions of binding .international acts concerning rights of children are discussed in the first one. It is both the case of declarations of children rights of 1924 and 1959 and of acts of general character. Appropriate provisions of the Universal Declaration of Humain Rights, International Covenant on Civil and Political Rights and of the International Covenant on Economic, Social and Cultural Rights are discussed among the latter acts. The second part of the work dwells on those provisions of the draft of covenant on children rights which have already been adopted by the Special Working Group which was appointed in 1979 by the Commission of Human Rights.Item Istnienie obowiązku alimentacyjnego jako przesłanka powstania prawa do świadczeń z funduszu alimentacyjnego(Wydział Prawa i Administracji UAM, 1985) Andrzejewski, MarekEvery acquisition of rights to prestations (benefit payments) from the Alimony Fund is always preceded with a realization of duty of alimony (art. 4 of the Alimony Fund Act of July 18, 1974). The notion of duty of alimony does not have a precise meaning. The author attempts at reconstructing a meaning of that notion. It is found in the conclusion that adll legal bonds conséquent upon familly law regulation, connecting the person entitled with the person obliged, are the grounds for appearance of duties of alimony. On the base of the adopted criterion all duties of providing the means of maintenance and possibly means of education established according to the regulation of art. 753 of Gode of Civil Procedure and Family and Guardianship Code have to be considered as duties of alimony. Next the author discusses the previous evolution and trends of developement of the studied piremise of acquisition of a right to benefits from the Alimony Fund. The 1982 and 1984 amendments of .the Act prove, in the author's opinion, that a formerly tight bond between the existence and scope of duties of alimony and the existence and scope of the right to the Alimony Fund benefits is presently diminishing. Now, the benefits have in a lesser extent a substitute character vs. the unenforced .alimony payments as compared with the initial period of the Fund's functioning. It results from taking over alimony burdens by the State and discharging the obliged from the liability. It is mostly the case of those obliged to alimony payments in a further precedence. The author criticizes the postulates to develop the Fund in that direction. Such a trend would undoubtedly end up in eroding the institution of duty of alimony.Item Przemoc w rodzinie(Wydział Prawa i Administracji UAM, 1985) Kołakowska-Przełomiec, HelenaChapter XXV of Polish Penal Code entitled „Crimes against family, guardianship and youth" .includes art. 184 which provides a penalty for a crime of a bodily torment of a family. A number of convictions on the grounds of that provision is high, reaching 10 thousand yearly. A sample survey was taken up for those convictions in a group of 160 cases aiming at revealing the whole of social background conditions and circumstances leading to applying force in a family by some people against others. The article focuses on three questions: form and a degree of intensity of a torment, aggressiveness of perpetrators, categories of victims and their role in perpetrators' behavior. It is mostly men who are perpetrators of the violence, their vives being victims (86%). Bodily torment consists usually on battery, while moral cruelty involves using abusive language, brawls, threatening and expelling a victim from home. A degree of intensity in a half of cases is slight and •only in 7% of cases is substantial. There are three categories among victims in a family: „victims not revealing any aggression or to a lesser extent only, behaving rather passively towards a perpetrator" (32%), „vexatious victims, manifesting traits of aggression, causing tensions and leading to conflicts in families (2'9°/o)", „aggressive violions carrying out their own designs" (39°/o). It was proved in the survey that deeply rooted conflicts exist in those families, they have been building up slowly in 'the phases preceeding the application of violence. The author indicated at a necessity of undertaking preventive actions ridding family conflicts, before a violence takes place. The possibilities for activity for family courts in that scope are also pointed out.Item Stosunek alimentacyjny a stosunek zobowiązaniowy(Wydział Prawa i Administracji UAM, 1985) Smyczyński, TadeuszThe alimentary relation and the consequent duty of alimony (a claim) is undoubtedly rooted in a model of obligation. Yet, the specificity of duty of alimony is generally noted and its intransmittability, impossibility of deduction and of renouncement are pointed out. Not all those features can decidedly distinguish the said duty from obligations regulated in the Civil Gode (CC). Contracts of supplying means for a subsistence are protected in a similar way not to deprive a creditor of his up-keep. It has to be emphasised though that the alimentary relation, contrary to legal relations regulated by the law of contracts, appeatres solely by the force of law i.e. a legal norm relates the rise of a particular obligation to a defined situation in family relations. The very alimentary relation delimits only a circle of persons who are obliged to support each other within the scope of family's solidarity. The claim for alimony on the other hand, appeares'" only in the situation when a person entitled (a creditor) is in a case of need and a person obliged (a debitor) is in a position to supply the first with means to satisfy his needs. The alimenitary relation is based on a relation of family law. Besides, there are several cases presented by the author when the duty of alimony is binding in spite of non-existence of the family law relation, i.e.: 1) between divorced spouses, (2) upon dissolution of adoption, 3) the claim of mother of an extramartial child related to pregnancy and delivery. Object of prestation is the essential distinct feature of the duty of alimony. Performance of that obligation lies in covering needs and not in the payment. Consequently, if creditor's needs are satisfied in any other way, the debtor is no longer obliged for alimony. Satisfying needs as the task of performance can also determine the debtor's behavior which consists in various actions and define the object of prestation (pecuniary, in nature). All these actions constitute the whole of prestation what results in excluding an alternative character of obligation. On the other hand, obligations regulated in the C.C. do not extinct for the reason of the creditor's living standard. It is the payment itself which is fuilfilment of prestation and an object of obligation. As it was rightly noticed in the literature, the exception of lack of impoverishment can in that case mean only a non-materialization of a concerned contractual stipulation. Relation of family law and alimentary relation in it is a type of civil law relation. The specificity of family relations which is often raised and their regulation in Family and Gardiansihip Code (F.G.C.) does not violate the qualification cited above. Another feature can be noticed though which does not differentiate a method of legal relation regulation but its task and consequent ways of solving particular family situations. For the idea is that norms of family law are to protect not that much an individual interest of particular family members, but first -of all the benefit of family group, its durability and stability.Item Sprawozdania i informacje RPEiS 47(1), 1985(Wydział Prawa i Administracji UAM, 1985)Item Przegląd piśmiennictwa RPEiS 47(1), 1985(Wydział Prawa i Administracji UAM, 1985)Item Zmiana systemu subsydiowania budownictwa mieszkaniowego jako czynnik poprawy sytuacji mieszkaniowej rodziny(Wydział Prawa i Administracji UAM, 1985) Michalik, WitoldThe acute deficit of apartments and the resulting difficult housing conditions are not only a grave distress for many families, including the young ones, but are also leading to disadvantages in a general social and economic scale. Therefore using all available instruments for improving that situation is indispensable. It also concerns a change in a system of housing industry subsidies, in order to increase the share of population's financial resources in investments in that industry and a simultaneous change in criteria of granting social assistance in favor of the subjective and not objective directioning of it. That proposition can raise certain resistance in some circles of the society used to a fallacious thesis of the egalitarian character of the previously applied system of grants, its change seems to be socially justified and economically necessary. It can bring about several positive effects in the scope of improvement of the housing conditions. Those would be: the increase in housing construction, .more extensive social housing protection for the most necessitous families (young married couples, the poorest families).Item Rola rodziny w transmisji kultury regionalnej i jej wpływ na prokreację(Wydział Prawa i Administracji UAM, 1985) Augustyniak, HannaThe results of initial theoretical and empirical studies conducted in the framework of the crucial problem 11.5 „Formation of the demo-graphical processes and a socio-economic developement of Poland" indicate that a cultural factor is one of the factors differeneiating demographieal -processes in a microscale in an intergenerational handling. Identification of that factor on the grounds of procreationa1 attitudes and behavior in families is not possible with the results of previous sociological, ethnographic and demographic surveys. The article attempts at problem formulation with the discussion being conducted on the borderline of the three mentioned scientific disciplines. The complexity of culture, its functional character as well as the basic elements constituting it: hierarchies of values, attitudes, sccio- - moral norms, customs, patterns and 'models shaping a system of human convictions are including the questions of procreation within the range of culture. A family is forming its image by means of the impact of a general national culture and of particular subcultures. A differential influence on the parental attitudes is yielded mostly by the regional culture. Many institutions and groups participate in the transmission of culture. Transfer of the regional culture takes a little avail of institutionalized forms and is performed by fulfilling a socializing function by the family. The family can perform both a role o subject and of object in the process of social changes. In reality it can combine those two functions remaining in a dialectical system with the society. On the one hand it undergoes processes of cultural dialectization but on the other it is able to secure the identity and socio-cultural continuity to its members, by means of its subjectivity. The continuity and identity are manifested by maintaining the analogous world of values, norms and patterns of behavior generation after generation. It seems that a process of transmission secures similarities in an intergeneratioinal handling of procreational attitudes and behavior characteristic for regional groups from which spouses are derived. The final solution of the problem can be brought about by the complex interdisciplinary empirical studies.Item Funkcjonowanie ustawowego ustroju majątkowego małżeńskiego w odniesieniu do rodzinnych zakładów produkcyjnych(Wydział Prawa i Administracji UAM, 1985) Dyoniak, AndrzejThe system of joint property reveals, apart of positive features, several vices as well. These are particularly conspicious in the aspect of managing joint property and spouses' liability for debts. Complications can appear especially in those situations when family owned producing firms are a part of joint property. If one can nevertheless adopt a possibly wide understanding of acts of ordinary management of joint property, then family owned producing firms can efficiently operate within joint property of a normally functioning family. The system enables the spouses to use profits derived from such firms already in the time of joint property existence. Only in case of the most important acts as alienation, burdening and several others the cooperation of spouses must be required. In absence of consent for management between spouses, the spouse whose rights in joined property are being injured can demand a protection provided by law. Yet the spouse devoid of appropriate qualifications or a trade license is not competent to demand a court ruling depriving the second spouse of management rights in joint property (art. 40 of Family and Guardianship Gode F.G.C.). He can only demand to have the spouse obliged to divide profits derived from running a family owned producing firm, and also in case of damage incurred by acts of the spouse, to have him redress ithe damage, on the grounds of art. 415 of Givi] Code (C.C.). If those measures prove to be not adequate, the spouse can demand, in the last resort, a judicial dissolution of matrimonial property community (art. 52 F,G.C).Item Uwarunkowania prospektywneao modelu rodziny w opinii młodzieży polskiej w wieku matrymonialnym(Wydział Prawa i Administracji UAM, 1985) Ignatczyk, WalentynaThe article presents partial results of the survey of family attitudes of the Polish youth which was in age of matrimony at the moment of study. Surveying family attitudes of youth in an interdisciplinary approach is conducted by the Institute of Statistics and Demography of the Academy of Economics in Poznań. The family attitudes of youth are understood to be their relation to concluding a matrimony, number of children to have, and conditioning of marriage and procreational decisions. The identification of factors conditioning a future family behavior of youth was found to be essential from the viewpoint of the general task of the survey. The identification of conditioning carried out confirmed the view that the Polish youth is intent on creating a family family ambitions are occupying the first place among life ambitions. Professional, material, financial, social and other ambitions are treated by youth as requisites to fulfill family ambitions. The detailed results of identifying factors conditioning the conclusion of matrimony are found in the eight tables. The youth prefers a one-child, two-children model of family. It can be inferred from the survey that a three-children model of family would be preferred if the conditions securing a better living standard of married couples were secured and the emotional bond between spouses was still lasting. Taking account of the youth life aspirations — in face of the threatening deformations in demographic processes — is necessary in. the actions promoting development of future Polish family.Item Przestępstwo znęcania się (art. 184 k.k.) — przedmiot ochrony(Wydział Prawa i Administracji UAM, 1985) Kalinowski, JerzyProblems of the object of penal law protection have a great impact both in theory and in practice, especially in the scope of finding the so-called "similarity" of a crime. Defining both generic and a direct object of protection in an offence of torment and cruelty (art. 184 P. C.) is not raising substantial difficulties. The art. 184 is included in chapter XXV of P. C. and therefore it is commonly advocated in the literature and judicial decisions that "family", "guardianship" and "youth" enlisted in the chapter's title consist a generic object of protection of a norm expressed in art. 184 P. C. Those definitions cannot be correct as too narrow from a logical point of view- especially if one considers the fact that interests of other categories of persons from outside a family and not being minors can become an object of a lawless attempt described in art. 184 P. C. i.e. persons dependent from perpetrator or the helpless not protected by duties of guardianship. It can be thus stated that a correct functioning of family and guardianship and a proper development end education of youth are the object of protection of norms expressed in chapter XXV of P.C. Considering the fact that a protection of family, guardiaship and youth is the most important but not the exclusive task of art. 184 P.C., the definition of direct object of protection should not be also limited to interests listed in the title of chapter XXV of P.C. Consequently, the following definition can be proposed on the grounds of the postulate of W. Swida: "A due treatment of those categories of people who on account of their objective properties (family relations dependence relations) or their subjective features (minority, helplessness are particularly exposed to improper behavior which can take a shape of torment or cruelty from the side of others, is a direct (main) object of protection of a norm expressed in art. 184 P. C. A question of protection is closely related to an issue of similarity of offences in their subjective aspect. The study of crime of torment and cruelty can induce the opinion that similarity of offence of art. 184 P. C. to other crimes of chapter XXV of P. C. and to the crimes described in other parts of the Act (wit,h the exception of crime of persecuting a subordinate art. 319 P. C.) can not be prejudged in abstracto; the question can be settled only on the grounds of actual facts of a case by means of establishing the identity or similarity of generic interests being a main or additional object of protection. In case of the offence of art. 184 par. 2 P. C, life and man's health being always the additional object of protection, it has to be similar to all offences directed against life or health as a main or additional object of attempt.Item Prawna odpowiedzialność rodziców za zaniedbania wychowawcze (zagadnienia wybrane)(Wydział Prawa i Administracji UAM, 1985) Grześkowiak, AlicjaImproper exeercising of parental authority becomes a subject of legal intervention whenever interests of a child are threatened or infringed upon. In that situation there is a competence for intervention actualized in the guardianship mode. In particular cases though, improper excercising of parental authority, including educational obligations can result in a criminal responsibility of parents. Criminal responsibility of parents for negligence in education (upbringing) is not regulated directly in Polish Penal Code (P.C.). Only some forms of depravation of children eg. in the sphere of sexual life, or inducing children to drink heavily, are penalized. There is also a possibility provided of deciding an additional penalty of depravation of parental rights in case of conviction for a crime perpetrated to the detriment of a minor, with minor's cooperation or in circimstances being a demoralizing example for a minor (art. 41 P.C.). The basic regulation of penal law protecting a child against educational negligence is found in art. 105 of Code of Pety Offences. It provides that anyone admitting a minor to commit an act forbidden by law as a crime or petty offence and indicating at demoralization, by means of flagrant breaching of obligations resulting from parental authority is subjected to criminal responsibility for a petty offence. In practice that norm does not play any substantial role. Civil liability of parents for lack of supervision upon a child who caused damage is also possible. The new measures against parents for the improper excercising of educational duties to the child who demonstrates demoralization or perpetrates a penalized act were introduced in the Act of October 26, 1982 of Proceeding in the Cases of Minors. It provides a possibility of obliging parents to redress a damage caused by the minor and of notifying their employers and organizations they are members of if the parents or a guardian permit the childs demoralization in course of their committed non-fullfillment of duties towards the child. The Act provides also a possibility to inflict a fine of 500 - 5000 zł upon the parents if they are seeking to avoid performing obligations set on them by family court. There is also a general principle introduced of having costs of proceedings in a case of minor incurred by his parents. Handling a problem of parental responsibility in the Act can raise many doubts. These are still fostered by the regulation of these corrective measures which consist in taking a child away from his natural milieu. They can be considered as such an extensive intervention in the parental authority that one can easily view them as a concealed form of parental responsibility for an improper conduct of their child.Item Rola rodziny w procesie resocjalizacji w świetle ustawy o postępowaniu w sprawach nieletnich(Wydział Prawa i Administracji UAM, 1985) Gosieniecki, PiotrThe participation of family circles in the process of minor's resocialzzation is one of the requisites of a successful completion of that process. As it is indicated in numerous studies, the participation is effective both in cases of applying measures, isolating a minor from his natural educational milieu, and first and foremost in a situation when -the measures imply leaving him with his family. Provisions of the discussed act are aiming at including parents actively in the course of the process. In this aim the catalog of measures applied to a minor was extended in. the Act and so is the role of vesting courts with a competence to impose simultaneously certain duties on his parents. The second element, inducing for an optimistic assessment of the instituted changes, is laying legal grounds for a real and authentic cooperation of a court and institutians specialized in resocialization of minors with the parents, at the time of applying those measures and during their enforcement. The statutory provision implying that the application of measures is not limited by time in advance as well as posibility of altering the measures applied in course -of their enforcement on account of a change in minor's situation is strongly linked to the parental participation in the process of socialization.. The adopted solutions deserve a positive opinion.Item Spis treści RPEiS 47(1), 1985(Wydział Prawa i Administracji UAM, 1985)