Civil Code

The affectivity, the project of common life is its proper reason of being. Credit: Sen. Sherrod Brown-2011. In the effective Civil Code, the father and the mother, while in the exercise of the familiar power, have the administration of the goods of the lesser children under its authority, consonant determine art. 1.689 of the related Statute. The only paragraph of art. 1.690 also foresee that ' ' the parents must in common decide the relative questions to the children and its good; having divergence, any of them will be able to appeal to the judge for the solution necessria' '. 2.2 – To be able Familiar the current Civil Code, in attendance to the consecrated principles constitutional of the equality of rights and duties between the sexos, thus intent good to the peculiar condition of development of the minor, modified the native denomination to be able to be able familiar, as it foresees, express, art. 1.630 of the related Statute, in the following terms: ' ' the children are citizens to the familiar power, while menores' '. Art.

1.631, in turn, foresaw, specifically the possibility of the familiar power to be exerted by both the parents. Ahead of this picture, the old native denomination fell for land to be able. Many jurists prefer, still, the expression to be able parental or parental responsibility, this last one thus adopted for professor Waldyr Grisard Son, in the sub-heading of its workmanship ' ' He keeps Shared – a New Model of Parental&#039 Responsibility; '. The term parental responsibility if justifies, according to author, because it left of being a power to constitute, in the reality, a responsibility, time that its exercise if of the only exclusively for the superior interest of the minor. The related professor, leading in consideration the beginning of the integral protection where if bases the Statute of the Child and the Adolescent? ECA (Law n 8,069/90) defines the familiar power as ' ' set of facultieses ordered to the parents, as protective institution of the minority, with the end to cheat the full development and the integral formation of the children, mental, moral, spiritual and social' ' .


Comments are closed.