Wykładnia celowościowa pojęcia „rodzina”. Glosa krytyczna do wyroku WSA w Szczecinie z dnia 18 stycznia 2018, II SA/Sz 1199/17

• Authors: Rakoczy Tomasz

Title variants

EN

Teleological Interpretation of the Term “Family”. A Critical Gloss to the Judgement of WSA of Szczecin from 18 January 2018, II SA/Sz 1197/17

• Languages of publication: PL

Abstracts

EN

The commented judgement refers to the way of interpreting the term “family” in the scope of its members. The choice of interpretation is necessary to examine the possibility of granting the one-time financial support on the occassion of the birth of a child. The key problem of the case is the question whether the father who does not stay actually with the mother and the child belongs to the family. According to the strict interpretation the answer is positive and his income should be taken into account. WSA decided to use the teleological definition of family which takes into account only members actually forming a family and excluded father from community of family. In that way his income is not subject of verification. According to the author of the commented judgement the interpretation preferred by WSA is contra-legem, releases fathers from their future duties and presents dangerous corruption of system of family law. The father cannot be excluded from the family in any dimension.

Keywords

EN

definition of family; strict interpretation; teleological interpretation; one-time support for the birth of a child

• Publisher: Fundacja „Utriusque Iuris” i Uniwersytet Jagielloński
• Journal: Forum Prawnicze
• Year: 2020
• Issue: 2 (58)
• Pages: 88–97

Contributors

author

Rakoczy Tomasz

• Instytut Prawa Ordo Iuris w Warszawie