THE COMMUNICATIVE ASPECTS OF THE SETTLEMENTS OF THE PARENT – CHILD CONTACTS AFTER THE DIVORCE (POLISH CASE-LAW AND THE INDICATION TO ECHR CASE-LAW)
The inspiration for the subsequent consideration is a strong conviction, that courts mean much more in the modern society, than just an arbiter in the disputes. They are role models in so many ways: they make legally desired standards of behavior, they give the proper meaning to the legal institu...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
University of Warsaw
2021-10-01
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| Series: | Journal of International Legal Communication |
| Subjects: | |
| Online Access: | https://jilc.e-science.space/v2/JILCvol.2.19-28.pdf |
| _version_ | 1818332362966040576 |
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| author | Izabela Gawłowicz Piotr Sobański |
| author_facet | Izabela Gawłowicz Piotr Sobański |
| author_sort | Izabela Gawłowicz |
| collection | DOAJ |
| description | The inspiration for the subsequent consideration is a strong conviction, that
courts mean much more in the modern society, than just an arbiter in the disputes. They are
role models in so many ways: they make legally desired standards of behavior, they give the
proper meaning to the legal institutions by communicating their correct functioning, they
verify in the practice the complexity and clarity of legal provisions and by its judges they
can create the modern authorities to follow. There is a strong link between the role, that
the domestic courts play (or should play) in the law-abiding state, and the impact they put
into the society and its values, shaping the views for the young generation, through their
consistent attitude in jurisprudence.
Authors analyze the chosen judgments of the domestic family courts, looking for the
correct legal vision of the parental authority in Polish law in the first place and for the
optimal standard of exercising it by parents in practice, i.a. after the divorce. The analysis
is supposed to be the part of more general consideration according to the judicial view of
the family as the basic unit of society and its functioning after any kind of breakup. Authors
further examine, to what extend such model of regulation in the matter fulfils the general
requirements of international and European law. Those considerations have two main goals:
to investigate the contribution of Polish family courts into making international standard
of parental authority, and to indicate what kind of support those courts can offer to the
international society in this field. |
| first_indexed | 2024-12-13T13:34:33Z |
| format | Article |
| id | doaj.art-553f2e6b8ff54210a7e6996beb3d0be7 |
| institution | Directory Open Access Journal |
| issn | 2720-1643 |
| language | English |
| last_indexed | 2024-12-13T13:34:33Z |
| publishDate | 2021-10-01 |
| publisher | University of Warsaw |
| record_format | Article |
| series | Journal of International Legal Communication |
| spelling | doaj.art-553f2e6b8ff54210a7e6996beb3d0be72022-12-21T23:43:59ZengUniversity of WarsawJournal of International Legal Communication2720-16432021-10-01211928https://doi.org/10.32612/uw.27201643.2021.2.pp.19-28THE COMMUNICATIVE ASPECTS OF THE SETTLEMENTS OF THE PARENT – CHILD CONTACTS AFTER THE DIVORCE (POLISH CASE-LAW AND THE INDICATION TO ECHR CASE-LAW)Izabela Gawłowicz0https://orcid.org/0000-0003-3591-3953Piotr Sobański1https://orcid.org/0000-0001-8303-1125University of Zielona GóraUniversity of Zielona GóraThe inspiration for the subsequent consideration is a strong conviction, that courts mean much more in the modern society, than just an arbiter in the disputes. They are role models in so many ways: they make legally desired standards of behavior, they give the proper meaning to the legal institutions by communicating their correct functioning, they verify in the practice the complexity and clarity of legal provisions and by its judges they can create the modern authorities to follow. There is a strong link between the role, that the domestic courts play (or should play) in the law-abiding state, and the impact they put into the society and its values, shaping the views for the young generation, through their consistent attitude in jurisprudence. Authors analyze the chosen judgments of the domestic family courts, looking for the correct legal vision of the parental authority in Polish law in the first place and for the optimal standard of exercising it by parents in practice, i.a. after the divorce. The analysis is supposed to be the part of more general consideration according to the judicial view of the family as the basic unit of society and its functioning after any kind of breakup. Authors further examine, to what extend such model of regulation in the matter fulfils the general requirements of international and European law. Those considerations have two main goals: to investigate the contribution of Polish family courts into making international standard of parental authority, and to indicate what kind of support those courts can offer to the international society in this field.https://jilc.e-science.space/v2/JILCvol.2.19-28.pdfparental authorityfamily lawrights of children |
| spellingShingle | Izabela Gawłowicz Piotr Sobański THE COMMUNICATIVE ASPECTS OF THE SETTLEMENTS OF THE PARENT – CHILD CONTACTS AFTER THE DIVORCE (POLISH CASE-LAW AND THE INDICATION TO ECHR CASE-LAW) Journal of International Legal Communication parental authority family law rights of children |
| title | THE COMMUNICATIVE ASPECTS OF THE SETTLEMENTS OF THE PARENT – CHILD CONTACTS AFTER THE DIVORCE (POLISH CASE-LAW AND THE INDICATION TO ECHR CASE-LAW) |
| title_full | THE COMMUNICATIVE ASPECTS OF THE SETTLEMENTS OF THE PARENT – CHILD CONTACTS AFTER THE DIVORCE (POLISH CASE-LAW AND THE INDICATION TO ECHR CASE-LAW) |
| title_fullStr | THE COMMUNICATIVE ASPECTS OF THE SETTLEMENTS OF THE PARENT – CHILD CONTACTS AFTER THE DIVORCE (POLISH CASE-LAW AND THE INDICATION TO ECHR CASE-LAW) |
| title_full_unstemmed | THE COMMUNICATIVE ASPECTS OF THE SETTLEMENTS OF THE PARENT – CHILD CONTACTS AFTER THE DIVORCE (POLISH CASE-LAW AND THE INDICATION TO ECHR CASE-LAW) |
| title_short | THE COMMUNICATIVE ASPECTS OF THE SETTLEMENTS OF THE PARENT – CHILD CONTACTS AFTER THE DIVORCE (POLISH CASE-LAW AND THE INDICATION TO ECHR CASE-LAW) |
| title_sort | communicative aspects of the settlements of the parent child contacts after the divorce polish case law and the indication to echr case law |
| topic | parental authority family law rights of children |
| url | https://jilc.e-science.space/v2/JILCvol.2.19-28.pdf |
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