Family Law

Timetable

Module aim (aims)

This course introduces the students to the basic principles of the modern Family Law. It provides an overview as well of the legal as the social, psychological and political context within which the Family Law was developed and introduced.

Pre-requisites in terms of knowledge, skills and social competences (where relevant)

Basic knowledge on civil law. Preferably course of general civil law, contracts and civil procedure.

Syllabus

Concept, character and structure of family law. Constitutional regulation
Child well-being (welfare) and its protection inside family as a social group; well-functioning families; conflict of interests
Nature and elements of the family legal situation; matrimonial bonds; phases of development of family; dysfunctional families; functions of family
Conclusion of marriage, obstacles, annulments of marriage
Rights and duties of spouses, personal right and duties
Regulation of proprietary matters
Child’s origin, maternity, paternity
Relations between parents and children
Adoption, kinds of adoption, anonymous adoption
Maintenance, alimony duties
Divorce, backgrounds of divorce, divorce’s obstacles, child’s welfare
Separation, backgrounds of separation, obstacles, legal results
Guardianship of an orphan, backgrounds, legal consequences
Foster families, structure, function, kinds of foster institutions
Social and psychological determinants of family

Reading list

1. T.Sokołowski Family law in: W.Dajczak, A.J.Szwarc, P.Wiliński, Fundations of Polish Law, Warszawa 2021.
2. Gronunds for Divorce. European Family Law in Action, Volumne I, K.Boele-Woelki, B.Braat, I.Sumner, /red./ Antwerpia-Oxford-New York, 2003.
3. Maintenance Between Former Spouses. European Family Law in Action, Volumne II, K.Boele-Woelki, B.Braat, I.Sumner, /red./ Antwerpia-Oxford-New York, 2003
4. Principles of European Family Law Regarding Parental Responsibilities, K.Boele-Woelki, F.Ferrand, C.Gonzales-Bielfuss, M.Jantera-Jareborg, N.Lowe, D.Martiny, W.Pinters, Antwerpen – Oxford