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Pozbawienie władzy rodzicielskiej w polskim porządku prawnym

100%
Nowicka U.
Ius Matrimoniale
|
2017
|
vol. 28
|
issue 4
15-28
EN
The Family and Guardianship Code regulates the legal institutions of deprivation of parental authority. The subject of the article is therefore an analysis of this institution in the Polish legal order. It is a very important institution and is the most severe interference in a family’s life under Polish law, it is the most rigorous measure a court can apply to a parent who can not or does not want to exercise his parental authority appropriately. When resorting to such measures the courts should first of all act upon the principle of wellbeing of the child that amounts to one of the most precious values enshrined in the legal system.
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The Legal Status of Minor Testator’s Parents Deprived of Parental Authority in Intestate Succession. Some Remarks on the Solutions in Polish, Russian, and Italian Law

100%
Witczak H.
Review of European and Comparative Law
|
2021
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vol. 47
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issue 4
107-134
EN
The legal situation of minor testator’s parents in intestate succession poses a significant legal and social problem. In Polish law, parents who have been deprived of parental authority continue to enjoy their civil-law status; in other words, they maintain the right to inherit from their child under statute. Meanwhile, the reasons for which the court applied the strictest possible “sanction” in the form of deprivation of authority of parents who, in exercising their rights under parental authority, seriously violated the child’s interest or grossly neglected parental obligations, which is noticeable even to an ordinary bystander, seem to be sufficient “proof” that family ties, which are decisive for the statutory title to inherit, do not exist. If these ties are severed or seriously disrupted, the consequences should be seen in all areas of life. Simply put, persons who deliberately break apart the family should not enjoy the advantages that the law provides for testator’s closest relatives. In such a case, to consider the effect of deprivation of parental authority by “releasing” its holders from any obligation towards the child may not be considered a sufficient civil sanction, especially given that in the vast majority of cases, the reason for such deprivation is gross neglect of parental duties by one or both parents. The consequences of this type of negligence should also, if not primarily, consist in the deprivation of pecuniary benefits that the parents of a minor could enjoy after his or her death. The current legal solutions governing this area undoubtedly need to be revised. Such imperfect normative solutions adopted in Polish law prove the need to propose de lege ferenda recommendations. In this context, it is worthwhile to have a look at the normative solutions adopted in foreign legal systems and whether they can be grafted on Polish law. The reference to the Russian and Italian legal systems seems particularly recommendable due to the fact that their normative solutions directly allude to the institution of deprivation of parental authority in the context of admissibility of the title to inherit.
3

Pozbawienie władzy rodzicielskiej — kara dla rodziców czy narzędzie niesienia pomocy dzieciom?

51%
Stępień M.
Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne
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2017
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vol. 22
81-94
EN
The aim of this article is, first of all, to analyse Polish law in relation to the institution of deprivation of parental authority, and secondly, to decide, on the basis of the analysis, whether this institution serves as a punishment for parents or it is a kind of tool for helping children. Deprivation of parental authority is the measure of the deepest interference with the relationship between the parents and the child. As a consequence of using it, parents lose all attributes of that authority. Legal prerequisites of deprivation of parental authority are divided into obligatory and facultative. The analysis of legal regulations shows that the spoken legal measure was conceived as a tool for helping children.
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