Charakter prawny władzy rodzicielskiej
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Date
1982
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Publisher
Wydział Prawa i Administracji UAM
Title alternative
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
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 44, 1982, z. 3, s. 123-134
Seria
ISBN
ISSN
0035-9629