Family and Guardianship Law in Poland. System of Family Benefits and Proceedings with Alimony Debtors

intermediate

enter learning outcome code/codes

Level: medium

Goals: A student is to learn about problems related to the family law. The syllabus is adjusted to the practical needs and it contains the necessary analysis of the legal doctrine and jurisdiction; analysis of specific issues of the subject based on the present interpretation of law; discussion of the proposed (new) legal solutions and their verification from the perspective of the legal doctrine; and detailed analysis of complex cases.

Preliminary requirements: A student should know the obligatory topics (according to the program of the studies) of specific fields of the subject law.

Description of the subject

Topics: Issues of the family law include detailed analysis of non-property family rights (regulations of the civil law) and legal family relations (or natural cognation) and relations constituted by law vs. relations based on matrimonial relations, other legal institutions (including property relations, parental authority, affinity, adoption, obligation to pay alimony and maintenance, guardianship of a minor). Besides the family law relations, tutelage is also a subject of the analysis.

The topics of the lectures include:

The origin of the notion of family. Family law relations. Sources of the binding family law. Primary rules of the Polish family law. The scope of family rights, their general characteristics and protection. Competence of family courts. Proceedings in the tutelary courts. Assertion of the civil state rights vs. rights resulting from the subject law. Civil stet acts, their structure and scope. The notion and forms of the substitute custody of a child (organization and scope). Family institutions. Children’s communities. Matrimony and its legal consequences (form, rationale, traverses). Conclusion of matrimony non-existence and reasons for annulment of marriage. Validation of marriage. The scope and character of mutual rights and obligations of spouses. Matrimonial property relationships (kinds, types, scope of allowable volume of the estate). Analysis of new legal solutions related to the matrimonial estate. Problems related to management and property accountability of spouses. Division of property, procedural issues. Character of actual and judicial separation of spouses. Scope of effects, legal consequences. Reasons for cessation of marriage. Divorce and rationale for its admissibility. Scope of the court’s cognition in divorce and separation trials. Basics of mediation. Establishment of a child's parentage (character of actions, rationale, proceedings). Dependence of paternity on maternity. Function and the scope of parental powers (kinds, scope, cessation and modification). Legal relations between parents and children regardless of parental powers (child’s name and surname, parents’ and children’s obligations, subject rights). Notion and function of the obligation of maintenance (protection of claims, scope of the entitled and the obliged, fulfillment of the obligation, recourse, enforcement). Notion and organization of custody and tutelage (contents, causes, scope of competences of institutions, judicial supervision, effects of cessation).

Evaluation methods: The prerequisite is the positive result of the written examination (test). The examination covers the theory and the knowledge of cases.

Literature

Sources:

1.The Constitution of the Republic of Poland dated 2nd of April 1997, Journal of Laws No 78, entry 483 with amendments;

2.Act of February 25th, 1964, Family and tutelary code, Journal of Laws No 9, entry 59 with amendments;

3.Act of April 23th, 1964, Civil Code, Journal of Laws No 16, entry 93 with amendments;

4.Act of November 17th, 1964, Code of Civil Proceedings, Journal of Laws No 43, entry 296 with amendments;

5.Act of September 29th, 1986, Law of civil state acts, uniform text, Journal of Laws of 2004, no 161, entry 1688 with amendments;

6.Act of November 28th, 2003, on family benefits, uniform text, Journal of Laws of 2006,

nr 139, entry 992 with amendments;

7.Act of September 7th, 2007, on support for persons entitled to alimony, Journal of Laws of 2009, no l, entry 7 with amendments;

8.Act of March 12th, 2004, on social assistance, Journal of Laws No 64, entry 594 with amendments;

9.Act of January 6th, 2000, on the Child’s Rights Counsel, Journal of Laws No 6, entry 69 with amendments;

10.Act of June 21st, 2001, on tenants’ rights protection, housing reserves of a community, and modification of the Civil Code, Journal of Laws No 71, entry 733 with amendments;

11.Ordinance of the Labor and Social Policy Minister dated September lst, 2000 on

tutelary and adoption, Journal of Laws No 80, entry 900;

12.Ordinance of the Social Policy Minister dated October 18th, 2004, on substitute families, Journal of Laws No 233, entry 2344;

13.Ordinance of the Social Policy Minister dated October 5th, 2004, on the central data bank of children awaiting adoption and tutelary adoption centers entitled to cooperate with institutions and adoption centers licensed by foreign governments, Journal of Laws No 223, entry 2266;

Jurisdiction:

1.Judgment of the Supreme Court of November 7th, 2000, I CKN 1115/00, OSNCP 2001, no 3, entry 50;

2.Judgment of the Supreme Court of November 17th, 2000, V CKN 1364/2000, OSN 2001, entry 126;

Obligatory literature:

1.T. Smyczyński,Family and tutelary law, Warsaw 2009;

2.B. Czech, H. Ciepła, T. Domińczyk, S. Kalus, K. Piasecki, M. Zychowicz,Family and tutelary code. Commentary, issue 3, Wydawnictwo Prawnicze Lewis Nexis,Warsaw 2009;

3.J. Ignatowicz, M. Nazar,Family law, Wydawnictwo Prawnicze Lewis Nexis,Warsaw 2005;

4.M. Andrzejewski,Family and tutelary law, Warsaw 2004;

5.T. Smyczyński,Family and tutelary law, Warsaw 2003;

6.Z. Krzemiński,Separation. Commentary to legal regulations, Cracow 2000;

7.M.Dobrowolski,Legal status of a family in the new Constitution of the Republic of Poland, „Przegląd Sądowy" 1999,nr 4,s.5-30;

Suplementary literature:

1.H. Pietrzak,Scope of application of material subrogation in the family law, in: Finis legis Christus. Book of remembrance dedicated to Rev.Prof. Wojciech

Góralski for his seventieth birth anniversary, edited by J. Wroceński, J. Krajczyński, vol. 2, Warsaw 2009,s.1225-1245;

2.H. Pietrzak,Recognition of fatherhood as a new way to establish a child's parentage, PK 52 (2009) no 3-4;

3.M. Andrzejewski,Protection of child’s rights in a dysfunctional family (child-parent-state)], Cracow 2003;

4.M. Baum, W. Stojanowska,Extramarital parental power and powers of a divorced father. A sociological and legal study, Warsaw 2000.

5.A. Czajkowska, E. Pachniewicz,Law of civil state acts. Commentary. Jurisdiction. Speciments of documents and letters, Warsaw 2005;

6.H. Haak,Tutelage - comentary], Toruń 2004;

7.Z. Radwański,Notion and function of „child’s welfare” in the Polish family and tutelary law, „Studia Cywilistyczne", t. XXXI, s. 50-70;

8.T. Smyczyński,Family and family law family in the new Constitution, „Państwo i Prawo" 1997,nr 11 -12,s. 47-69;

9.W. Stojanowska, D. Mościcka - Śliwka, Evidence of DNA tests vs. other evidence in fatherhood establishment trials, Warsaw 2000.