Artykuły
https://orcid.org/0000-0001-7146-8477
This article concerns the process of redressing the difference in the legal situation of marital and extramarital children in the Scottish legal system. The extent of discrimination against the latter group concerned not only the spheres of their relationship with their father and his family, but also personal private legal rights (such as the right to dispose of property mortis causa by means of a will), as well as public rights. The process, which began in the 19th century, initially had the scope of incremental changes, but ones that paved the way for systemic reform in the 20th century. This in turn lead to the abolition of “illegitimacy” as a characteristic of an individual resulting from the form of his parents’ relationship at the time of conception or birth of the child, which took place in the 21st century, which at that time was in fact a purely symbolic motion. The problem of discrimination against extramarital children is a universal one. At the same time, the way and legal process over which the legal differences in the status of these two groups of children would have been completely eliminated will remain discrete and specific for each legal system.
An act to enable Bastards in Scotland to make Testaments (6 & 7 Will. 4. c. 22., 1836).
Legitimacy Act 1926 (1926, c. 60).
Succession (Scotland) Act 1964 (1964, c. 41).
Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 (1968, c. 70).
Legitimation (Scotland) Act 1968 (1968, c. 22).
Damages (Scotland) Act 1976 (1976, c. 13).
Marriage (Scotland) Act 1977 (1977, c. 15).
Law Reform Parent and Child (Scotland) Act 1986 (1986, c. 9).
Family Law (Scotland) Act 2006 (2006, asp. 2).
Succession to the Crown Act 2013 (2013, c. 20).
Audit B., Recent Revisions of the French Civil Code, „Louisiana Law Review” 3, 1978.
Bell J.M. (red), Cases Decided in the Court of Session from Nov. 13, 1838, t. 22, London 1860.
Blaikie A., Scottish Illegitimacy: Social Adjustment or Moral Economy?, „The Journal of Interdisciplinary History” 29, 1988.
Consultative Memorandum no. 53 (February 1982): Family Law Illegitimacy, Scottish Law Commission, Edinburgh 1982.
Gordon E., Irregular Marriage: Myth and Reality, „Journal of Social History” 47, 2013.
Leneman L., Mitchison R., Girls in Trouble: The Social and Geographical Setting of Illegitimacy in Early Modern Scotland, „Journal of Social History” 21, 1988.
Leneman L., Mitchison R., Scottish Illegitimacy Ratios in the Early Modern Period, „The Economic History Review” 40, 1987.
Marshall S., Illegitimacy in Medieval Scotland, 1100–1500, Boydell and Brewer 2021.
Rickards G. (red.), The statutes of the United Kingdom of Great Britain and Ireland, London 1836.
Sexton G., The Causes of Illegitimacy, particularly in Scotland, Edinburgh 1860.
Stone O.M., Report of the Committee on the Law of Succession in Relation to Illegitimate Persons, „The Modern Law Review” 1967, nr 5.
Szymura M., The origins and work of the Scottish Law Commission, and the problem of the codification of Scottish private law, „Acta Universitatis Wratislaviensis. Prawo” 336, 2023.
Szymura M., Ważność małżeństw zawieranych nieformalnie (informal marriage) w prawie szkockim i prawie angielskim na przestrzeni wieków, [w:] Regulacje prawne dotyczące małżeństwa w rozwoju historycznym, red. T. Dolata, Wrocław 2018.
English
Język Polski
https://doi.org/10.19195/0524-4544.338.4
