Istota władzy rodzicielskiej

Abstrakt

The essence of parental authority

There is no legal definition of parental authority, but many doctrinal definitions can be found in jurisprudence and literature. The essence of parental authority best reflects the understanding of parental authority as a whole of duties and parents’ rights towards the child, serving to provide them with appropriate care and guarding their interests. The duties are of paramount importance. Parental rights serve to fulfill specific duties, so they have a secondary and subsidiary character. The term “parental authority” is not appropriate to determine the parents’ care for a child, because it emphasizes the imperative. It would be more appropriate to use the term “parental care”. The proposed term would adequately expose the essence of parental authority. Parental authority is a subjective right granted to parents for the good of the child, in the interest of society.