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Shared custody configuration in Spanish law

100%
Martínez Calvo J.
Acta Iuris Stetinensis
|
2020
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vol. 32
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issue 4
7-19
EN
The paper deals with the specific organization of the shared custody regime in Spanish Law. This requires a separate analysis of two aspects: how the physical organization will be and how the time will be distributed among the parents. With regard to the first question, there are two possible alternatives for the physical organization of the shared custody regime: that the children remain in the same home and the parents rotate, or that the children rotate between their parents' homes. Both possibilities are analyzed, considering the advantages and disadvantages of each, as well as their practical repercussions, through the study of the judgements of our courts. With regard to the second aspect to be analyzed – the distribution of time between parents, as we know, shared custody does not necessarily imply an equal distribution of time, although it does seem to be similar, as this is the main data that allows it to be differentiated from an exclusive custody regime that involves a wide regime of visits for the non-custodial parent. The paper attempts to determine the necessary time requirement to be able to speak of shared custody and addresses the issue of the specific duration of periods of alternation – which may be long and extended in time or, on the contrary, short and frequent. For this, once again, the jurisprudence emanating from our courts is taken into account, as well as the doctrine of the authors who have worked on this issue.
2
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Wybrane przepisy kodeksu rodzinnego i opiekuńczego jako źródła obowiązku gwaranta

75%
Kucwaj M.
Studia Prawno-Ekonomiczne
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2010
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vol. LXXXII (82)
125-148
EN
Polish legislator in the 2nd article of the Polish Penal Code, introduced the establishment which is called institution of the guarantor. This function is legal basis to punish for consequences of somebody’s omission. Generally, failure in act does not attract criminal liability but statute intervenes to create offences of omission. By extension, the criminality of certain omissions may be contingent on a result or outcome. For this to be the case a person needs to be under a positive duty to act. This person, who is legally obligated to discharge one’s duty, is the guarantor. This institution is based on penal liability of person who is obligated to protect some goods. To bring the guarantor to account for his omission it is necessary to find a base in a civil law. Under the Polish law there are a lot of sources of obligations, which we can connect with criminal responsibility. The most important source is situated in the Family Code, where articles 87, 95 and 96 provides that parents are legally responsible for protecting their children. They have to preserve their children from every kind of danger, including self-endargement. Failure in these duties entails penal responsibility for consequences of the guarantor’s behaviour like death or severe disability. Another source of guarantor’s penal liability in the Family Code is the 23rd article. This regulation lays a duty upon a marriage couple. A husband and a wife are obligated to help and to support each other. When one of them is in a situation of endangerment, the other one ought to render assistance. If they fail their essential duties, they will incur the criminal responsibility for their omissions. It seems that institution of guarantor is indispensible in the criminal law, because it protects weighty relationships like family ties and the most important values, like life and health. Moreover owing to enforcement to the Polish Penal Code the 2nd article, Polish criminal law coplies with golden rule: Latin maxim Nullum crimen sine lege.
3
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Otevřenost pro rodinu Novozákonní východiska rodinného práva

75%
Kašný J.
Studia theologica
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2021
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issue 2
19-48
EN
The article examines the New Testament foundations of family law in the Household Codes (Col 3,17–4,1; Eph 5,21–6,9 and 1 Pet 2,18–3,7) in which the role and the mutual obligations and rights of the family members are established. An analysis and identification of the family law framework in the Household Codes are the focus of the first part of the article. In the second part of the article, selected Gospel texts in which Jesus meets parents and cures their children are analyzed to identify the legal structure of the family relations in these dynamic meetings. The method of study follows in the footsteps of methodical approaches called social‑ scientific criticism.
4

Ustalenie macierzyństwa i ojcostwa w przypadku zabiegów medycznie wspomaganej prokreacji ludzkiej

75%
Łączkowska M.
Acta Iuris Stetinensis
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2011
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issue 2
29 - 48
EN
The article features the issue of establishing who is the father and the motherof a child born of an assisted procreation procedure. Recently, there has been made an importantamendment to the Polish Family and Custody Code (with the Act of 6 November2008). The new solutions introduced by the Legislator deal in part with the issues pertainingto medically assisted procreation (e.g. artificial insemination, in vitro fertilization).First, it has been definitely settled that the mother is the woman who gives birth toa child (Art. 619 of the Family and custody Code). Second, the father of a child conceivedas a result of a medical procedure is the mother’s husband who gave his consent for theprocedure (Art. 68 of the Family and Custody Code). In view of the Polish family law,therefore, parenthood is established based on: – a biological fact, i.e. giving birth to a child; – legal presumptions concerning fatherhood of the mother’s husband and a man whohas had sexual relations with the child’s mother before the child’s birth, during theconception period; – the husband’s consent to the medical procedure his wife was treated with. Please note however that the medically assisted procreation is a serious challengefor legislators who intend to create legal solutions which take into account the ex aequoet bono principle.
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