scholarly journals Rozwój instytucji przysposobienia a tożsamość dziecka. Konsekwencje prawne i dylematy etyczne

2020 ◽  
Vol 17 (3) ◽  
pp. 123-136
Author(s):  
Tomasz Rakoczy
Keyword(s):  
Religious Identity ◽  
Family Relations ◽  
Case Law ◽  
Adopted Child ◽  
Biological Parents ◽  
Civil Status ◽  
Legal Structures ◽  
The Rich ◽  
Religious Membership ◽  
One Act

The Polish family law has developed three types of adoption: incomplete, full and total. Each of them is a reply to the arising new threat of the good of the child. Simultaneously each of them indeed influences the identity of the child. As a result of the preparation a civil status of the child is changing. The adoption is connected with secrecy. Originally it was firmly stressed. At present the doctrine as well as practitioners think that holding on to secrecy is not necessarily purposeful. The presented legal structures give rise to a series of ethical dilemmas. Firstly, the question arises about supporting biological parents in leaving the child in their family. The law does not regulate such efforts. It only orders “to wait” six weeks for making the decision on adoption by the mother of the child. Secondly, the similar question arises on the part of adopting parents. What motivation do they have? Is this good of the child or their own good alone? Is combining these goods in one act possible? Also the question arises with reference to respecting the religious membership of the child. As a result of the adoption the surname of the child is changed. Even a change of the child’s first name is possible. The religious identity remains unchanged. The practice shows that family relations with the adopted child are not always successful. The rich case law proves that resolving adoption is not always possible.

scholarly journals Due To Legal Determination Of Religious Courts Demak Decision No. 09 / PDT.P / 2018 / PA DMK About Adoption Realization

2019 ◽  
Vol 2 (1) ◽  
pp. 15
Author(s):  
Rodiyah Rodiyah ◽  
Akhmad Khisni
Keyword(s):  
Implementation Process ◽  
Case Law ◽  
Adoptive Parents ◽  
Best Interests ◽  
Adopted Child ◽  
Application Of Law ◽  
Biological Parents ◽  
The Will ◽  
Religious Courts

Society has long recognized the legal institution of adoption even before the time of the Prophet society has implemented a system of adoption with the motivation or a different purpose, among others, to continue the descent, carry on business and so on. In Indonesian society not many people know about the implementation process since the adoption in court litigation adoption petition, the case investigation in the trial until the stage of determination of the judge. This study uses the approach of law (statute aproach) and approach to the case. Law approach is used to determine the overall legal regulations, especially laws governing adoption in Indonesia. Case approach aims to study the application of norms or rules of law in the determination of adoption. The results of this thesis research in the Stipulation No. 09 / Pdt.P / 2018 / PA.Dmk is the implementation of adoptions carried out aimed at the best interests of children in the welfare and protection of children and the application of law by the judge in legal considerations. As a result of the law of the designation is the association adopted child with the adoptive parents only form of legal relationship in the form of transfer of responsibility of the biological parents and not result in legal consequences inherit each other between himself and his adoptive parents are not entitled to inherit each other to each other, but the adopted child can accept the will, and vice versa.Keywords: Because of Law; Kids Appointment; Religious Courts.

Reforma prawa fundacyjnego w poglądach Henryka Ciocha

2021 ◽  
Vol 4(165) ◽  
pp. 159-174
Author(s):  
Katarzyna Dębińska-Domagała
Keyword(s):  
Characteristic Feature ◽  
Subject Matter ◽  
Case Law ◽  
Scientific Output ◽  
Innovative Approach ◽  
Special Place ◽  
The Law ◽  
The Rich

Among the rich and diverse scientific activities conducted by Henryk Cioch, foundation law occupies a special place. This subject matter became the focus of the Professor’s interest since the Law on Foundations came into force. A characteristic feature of his work was a critical and innovative approach to statutory provisions regulating the functioning of the foundation. The whole scientific output of Henryk Cioch allows us to conclude that he postulated the need for a reform of foundation law. The purpose of this article is to analyse the views expressed by Henryk Cioch on the necessity to make the necessary amendments to the existing text of the Law on Foundations. It is, first of all, an indication of those de lege ferenda postulates put forward by the Professor, which have been included either in the hitherto amendments to the Law on Foundations or reflected in the case-law. The analysis contained in this article will focus on the key problems of foundation law, which according to Henryk Cioch were: the concept and types of foundations, the establishment of foundations, the system of foundations and supervision over their activities, transformation and abolition of foundations.

The Toddler, the Second Adoption, Telling Children About Adoption

2016 ◽  
pp. 111-112
Author(s):  
Donald W. Winnicott
Keyword(s):  
Selection Procedure ◽  
Adoptive Parents ◽  
Adopted Children ◽  
Adopted Child ◽  
First Child ◽  
Biological Parents

In this essay Winnicott discusses the psychology of adoption for parents and child. He writes that it is important to be truthful when talking to adopted children about where they come from, that the adoptive parents are not their biological parents, and that the child was made by nature, and not by magic. If the truth cannot be borne by the adoptive parents, it is very difficult for the adopted child to cope with it. He also considers that adoptive parents wanting a second adoption must go through the selection procedure and other anxieties about choosing to have the adoption, rather than being able to have a child, as it were, normally ‘by accident’. When a mother conceives a second baby, the first child has the experience of mother growing larger over a period of months unlike the case of a second adopted baby that just ‘appears’.

The Relevance of the Network Approach to European Case Law

2020 ◽  
pp. 92-124
Author(s):  
Urška Šadl ◽  
Fabien Tarissan
Keyword(s):  
Empirical Research ◽  
Legal Discourse ◽  
Citation Network ◽  
Case Law ◽  
Network Approach ◽  
Court Of Justice ◽  
Legal Structures ◽  
The Law

The chapter argues that the network approach is a viable methodology in legal empirical research, which can be used to study the case law of the Court of Justice. To demonstrate this potential, the chapter: first, shows how to obtain detailed information about the law from the citation network; second, it illustrates how to assess the legal relevance of cases by looking at case citations; and, third, it explores how to infer the doctrinal influence of selected landmark cases. All examples adapt different citation network tools to the study of legal structures and legal discourse which can focus, frame, support, and guide doctrinal analysis.

scholarly journals LEGAL MODELS FOR MARRIAGE AND MARRIAGE-LIKE UNIONS IN THE LAW OF EU STATES

2019 ◽  
pp. 35-39
Author(s):  
L. Radchenko
Keyword(s):  
Family Relationships ◽  
Family Relations ◽  
Legal Doctrine ◽  
Marriage And Family ◽  
Stable Relationship ◽  
Registered Partnership ◽  
Civil Status ◽  
Legal Model ◽  
Legal Forms ◽  
State Registration

The article considers the comparative and legal grounds for the definition of the category "marriage" in family law of Ukraine, interpretation of the concept of "marriage-like unions" in legislation, judicial decisions and legal doctrine of EU states. The author defines the characteristics and peculiarities of these concepts, outlines the approaches to the regulation of family relations in this field and formulates conclusions and proposals aimed at the harmonization of national legislation with EU law. In the article, both general scientific and special legal methods of research have been used. In particular, comparative-legal, historical, formallogical and other methods have been applied. The article concludes that the example of some European states proves the existence of the advanced legislative approaches to the legal understanding of family unions. In Ukraine the marriage is exclusively a family union of a female and a male registered with the state registration authority for civil status acts. In the laws of EU states different and much broader criteria for treating such unions can be applied. The presence of various legal forms of unions indicates that foreign law recognizes a family union between persons irrespective of their genders and recognizes such family union as a family. It is said that a characteristic feature for a family is a stable relationship. At the same time, harmonization of the Ukrainian legislation with the EU legislation in the field of marriage and family relations may take place on specific issues (for example, a registered partnership), but it is not advisable to adopt a foreign legal model, since in Ukraine there are distinctive factors for the formation of family relationships, such as traditions, religion, culture.

scholarly journals Problematyka uchwał negatywnych i uchwał nieistniejących organów spółek kapitałowych

2018 ◽  
Vol 25 ◽  
pp. 27-40
Author(s):  
Tomasz Piotrowski
Keyword(s):  
Critical Analysis ◽  
Case Law ◽  
Company Law ◽  
Commercial Law ◽  
Legal Provisions ◽  
Legal Nature ◽  
Legal Structures

Issues connected with negative resolutions and non-existent resolutions of bodies of capital companiesThis article is devoted to the issue of the admissibility of distinguishing negative resolutions and non-existent resolutions adopted by bodies in capital companies. The current legal provisions do not contain explicit regulations that allow or prohibit the existence of these legal structures. However, the fact whether it is possible to separate them is not only doctrinal, but also above all practical. This work considers the legal nature of the resolution as a legal act and also presents the most important problems regarding the admissibility of negative and non-existent resolutions. The aim of the article is to assess the admissibility of these structures on the basis of regulations and general principles of company law. The arguments adopted both by the representatives of the commercial law doctrine, as well as the analysis of the thesis from the case-law, which have the most significant impact on the solution to the problem, were presented. Critical analysis of the concept of non-applicable regulations and non-compliant with the rules of economic turnover were also made.

scholarly journals ‘To me, fair friend, you can never be old’, William Shakespeare, ‘Sonnet 104’: ECHR at 70 Rudolf Bernhardt Lecture, 202

2021 ◽  
Vol 81 (4) ◽  
pp. 895-916
Author(s):  
Başak Çalı
Keyword(s):  
Human Rights ◽  
William Shakespeare ◽  
Case Law ◽  
European Convention ◽  
European Court ◽  
Domestic Courts ◽  
The Rich ◽  
Good Proxy ◽  
Mature Part ◽  
Over Time

This article undertakes a survey of the changes in the structure of the interpretive doctrines of the European Court of Human Rights (the Court) over time in an exploration of the aging of the European Convention on Human Rights (ECHR or the Convention) on its 70th anniversary. It argues that the Court’s interpretive doctrines that seek to give due deference to national rights traditions, canons and institutions have become increasingly pervasive in the Court’s procedural and substantive case law in the last two decades. This, in particular, has come at a loss for interpretative doctrines that interpret the Convention as a practical and effective living pan-European instrument. This argument is built in four parts. First it offers a defence of why a study of the interpretive doctrines of the Court over time is a good proxy for studying the ECHR’s ageing process. In the second part, it discusses the rich doctrinal forms of due deference and effective interpretation in the case law of the Court – both young and mature. Part three explains how the judicialisation and expansion of the European human rights system in late 1990 s transitioned to a more heightened and sophisticated focus on due deference doctrines in the Court’s case law. Finally, part four examines whether the recent judicial innovations under the Court’s Article 18 case law and the widely celebrated success of increased ownership of the Convention by domestic courts can act as counter points to the argument that the effective interpretation principle has suffered a loss as the Convention has aged, concluding that none of this may offset the fact that the Convention at 70 is more conservative in spirit than its younger self.

scholarly journals Gaps in the legal regulation of surrogacy in Ukraine and analysis of the experience of foreign countries

2020 ◽  
pp. 76-81
Author(s):  
M.M. Novytska ◽  
A.V. Kozhushko
Keyword(s):  
Legal Regulation ◽  
Legal Analysis ◽  
Surrogate Mother ◽  
Legal Cases ◽  
National Courts ◽  
State Register ◽  
Foreign Countries ◽  
Biological Parents ◽  
Civil Status ◽  
Genetic Parents

The article is devoted to the study of the legislation of Ukraine regulating the procedure of surrogacy and the main legal gaps in this area. In addition, a legal analysis and comparison of the legislation in the field of surrogacy in such foreign countries as Belarus, Kazakhstan, the Czech Republic, Israel, Sweden, the Netherlands, Nigeria, Finland, some US states. The main legal cases arising in Ukraine during and after the use of the surrogacy procedure, their causes and consequences are highlighted. The case law of national courts is given and analyzed. In particular, the procedure for legal regulation of the mechanism of registration and registration of a child born as a result of surrogacy needs to be improved in order to avoid the possibility of a surrogate mother entering information about herself as a child’s mother in the state register of civil status and further challenging maternity in court. A comparative analysis of the experience of foreign legal regulation of the institution of surrogacy and focused on their pros and cons. The basic provisions and principles which can be borrowed from experience of realization by foreign countries of procedure of surrogacy are offered. When creating regulations, a number of guarantee norms should be taken into account, which will be the basis for avoiding potential conflicts and negative situations. In particular, they include: the refusal of a surrogate mother to give the child to biological parents; the refusal of the biological parents to pick up the newborn child; cases of birth of two or more children; birth of a dead / sick child; the desire of the surrogate mother to terminate the pregnancy, the refusal of the genetic parents to perform their duties in terms of paying for the services of the surrogate mother. The conclusion about the necessity of the Ukrainian legislation in legal regulation and rationing of surrogacy by creation of the uniform profile regulatory act is carried out.

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