Charakter prawny władzy rodzicielskiej

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Date

1982

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Wydział Prawa i Administracji UAM

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The Legal Character of Parental Authority

Abstract

The article is an attempt of legal characterizing of the institution of parental authority, by means of a reconstruction of the legal relation coming into being in consequence of a child birth. The conception brought forward aims at the synthesis of contradicting ideas. The legal relation of parental authority has a multilateral character. Parents linked by certain bonds with a State, third parties and a child are positioned in the central part of that relation. The traits of a relation of administrative law are prevalent in the legal relation between parents and a State. Its contents are defined as the obligation of parents to the State to perform certain actions for the benefit of a child. The second legal relation occurs between parents and third parties. It is the relation of civil law and its contents are defined as the subjective right towards the third parties parents are vested with. On the other hand, the legal relation linking parents with their child is manifesting some specific features of parental authority and was called in this paper the "family-legal relationship" (privity). The legal relation of parental authority is consequently a trilateral one, the obligation of parents to the State, their subjective right towards the third parties and their parties and their specific competence of authority towards their child are the contents of the said relation. The actions of parents for the benefit of a child in each of the three defined spheres of regulation are the object of parental authority. These spheres are partially over apping with each other on account of the functional interconnection of the aspects of legal situation of child's parents. A protection of benefit of a child is the purpose of parental authority, irrespectively of the adopted regulation, what is fully coinciding with a personal interest of parents and interest of a society.

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Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016

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Citation

Ruch Prawniczy, Ekonomiczny i Socjologiczny 44, 1982, z. 3, s. 123-134

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Uniwersytet im. Adama Mickiewicza w Poznaniu
Biblioteka Uniwersytetu im. Adama Mickiewicza w Poznaniu
Ministerstwo Nauki i Szkolnictwa Wyższego