Family, Law, and Society: from Roman Law to the Present Day (28) (Ius, Lex et Res Publica)

Cover HalfTitle Series Page Title Page Copyright Page Contents Introduction Chapter I. Family: Origin and historical evolution Protection of a wife’s assets in the event of her husband’s financial problems in Paulus de Castro’s printed commentaries and collections of consilia 1. Introduction 2. Types of wife’s assets 3. Determining the financial situation of the husband and the moment when the wife can try to recover the assets 4. Actions that can be brought by the wife and the limitations associated with them 5. Who could demand a dowry for the wife 6. Persons from whom the dowry can be claimed back 7. Consequences of returning a dowry 8. Conclusion Some assumptions of ius adscrescendi in the material necessary succession of ius civile 1. Background 2. Conceptual details 3. Dual responses of Roman Law to the assumption of preterition of daughters and grandchildren from the perspective of civil law “Hominis” appellatione tam feminam quam masculum contineri non dubitatur. Interpretation of Gai. D. 50.16.152 1. Introduction 2. Original location of the Gaius text 3. The meaning of text D. 50.16.152 given to it by Justinian compilers 4. Final conclusions Adoption under the scrutiny of the censors in Republican Rome* Family: A brief legal historical reflection 1. Growth in the familia and in the societas 2. De facto relationships in the Roman legal experience Family in historical perspective: Yesterday and today—Rhapsodic peeks between the past and a bit of the present 1. Background 2. Marriage of “classes” 3. Matriarchy? 4. New configuration of the family 5. Familia in Rome 6. Familia and Cosmos. The sacra 7. Nature 8. Augescere 9. Viripotens: Age of engagement 10. Matrimonium 11. Dowry 12. The ceremony The Roman-Christian roots of the modern institution of marriage: Historical evolution in Europe Chapter II. The family as the foundation of society The secularization of marriage in Europe 1. Introduction: Marriage system and secularization 2. Marriage in Europe until the 16th century 2.1. Basic characteristics of canonical marriage 2.2. Canonical marriage as a formal contract 3. The process of secularization of marriage 3.1. The influence of the Protestant Reformation 3.2. Marriage secularization until the French Revolution 3.3. The French secularizing impulse 3.4. The secularization of marriage in Spain 4. The secularization of marriage in Europe today: A final reflection The family as the basis of the richness of civil society: That is, the need to (change) the method of interpreting civil law in Poland 1. Presentation of the issue 2. Ancient Rome: Society, law, and the family 2.1. Roman society as a legal category and the basis of the economy 2.2. Law as protection of the property interests of Roman citizens 2.3. The family as a patrician material community protected by the ius civile 3. Capitalist law and societies in Western Europe 3.1. Civil society and the material interests of citizens 3.2. Civil law as the resolution of conflicts of interest of citizens 3.3. Family as property interests of citizens in the free market 4. Poland-society, law, and family 4.1. Society as political interests and lack of connection with the economy 4.2. Law as an expression of political interests 4.3. The family, as an instrument of the state’s political influence on citizens 5. Conclusion Protecting children online 1. Introduction 2. Selected methods of child protection in cyberspace Noteworthy are also Recommendations of the Committee of Ministers on: In this context, member states should: 3. Children and the Internet: the phenomenon of cyberbullying UNICEF draws attention to a new phenomenon: cyberbullying. What is cyberbullying? 4. Summary Social transformations: The family as the fundamental nucleus for education in values 1. Identity and pedagogy of the family in a complex society 2. The family: A privileged place for shaping the future citizen Chapter III. Family, constitution and fundamental rights The paradigm of the family in the Spanish Constitution of 19311 1. Introduction 2. The legal background to the 1931 Constitution 2.1. Indissolubility of marriage 2.2. Divorce 2.3. Promulgation of the Civil Code 3. The family in the 1931 Constitution 3.1. Preliminary constitutional draft 3.2. Draft constitution and debate in the constitutional courts 3.2.1 The religious question concerning the family 3.2.2. The social function of the Family 3.2.3. Divorce 4. Recap Changes in Polish labor law to support parents on the labor market 1. Introduction 2. The entrance of Z Generation to the labor market 3. Labor market on the verge of a demographic crisis in Poland 4. Gender pay gap in EU 5. Changes in Labor Law10 in favor of parents 6. Conclusions The community interview in Polish civil proceedings: Selected issues 1. Introduction 2. The procedural nature of the community interview 3. Scope of the community interview 4. Selected problems of conducting a community interview 5. Conclusions The lengthiness of court proceedings in Poland as more than a systemic problem 1. Theoretical and practical text 2. Complaint for protraction vs. protraction of proceedings 3. Grounds for bringing a complaint for protraction of proceedings 4. Procedural rules in the fight against protraction of proceedings 5. Causes of the lengthiness of court proceedings in Poland The length of proceedings is also still a social problem. 6. Summary The existence of filiation between a woman and a child born of another pregnant woman from the Roman juridical experience 1. Introduction 2. The Supreme Court ruling of March 31, 2022: Is there a filiation bond between a woman and a child born from another pregnant woman, without the first providing any genetic material? 3. The uxoris cessio: cases 4. The uxoris cessio: Requirements – The liberorum quaerendorum (procreandorum) purpose of the Roman marriage43 foundations 5. Mater semper certa est versus mater ea est quam nuptiae demonstrant Application for the Court’s authorisation to perform, on behalf of a minor, an act exceeding the scope of ordinary administration of the child’s property in the light of Polish law: Practical remarks 1. Introduction 2. Attributes of parental authority 3. Administration of the child’s property by the parents 3.1. Child’s property 3.2. Factual, legal and procedural acts 3.3. Acts of ordinary administration and acts beyond the ordinary administration of the child’s property 4. Authorization to carry out an act exceeding the scope of ordinary administration of the child’s property: Legal characteristics of the institution 6. The course of the proceedings and its procedural consequences 7. Conclusions Chapter IV. The family in an inclusive and global society: Changes in the family structures The intestate succession of “half-brothers” in the current family structure: A proposal for a return to the original Roman regulation 1. Introduction: status quaestionis, objectives of the study and the factual situation 2. Analysis of the origin of the intestate appeal to uterine and consanguineous siblings in Roman Law and its subsequent legal evolution Prisoners’ contact with their families: Current problems based on the 2022 amendment of the Executive Penal Code and penitentiary practice in Poland 1. Introduction 2. Means of contact between prisoners and their families 3. Phone calls 4. Visits 5. Online visits with the family via Skype 6. Correspondence between prisoners and family 7. Conclusions New problem in family law: “Animal family members” after divorce—Reflections in the context of Polish and Spanish law 1. Introduction 2. Situation of animals after divorce in Polish law 3. Situation of animals after divorce in Spanish law 4. Conclusions Psychoanalysis in the field of law: The analysis of the notion of ownership and its limits 1. Introduction 2. Lacanian concepts: General remarks 3. Lacanian concepts in the domain of law 4. Psychoanalysis as an indication for legal regulations 5. Summary Datafication, family and the protection of children’s privacy 1. Introduction: Data circulation on the web and protection of minors 2. EU Regulation 2016/679 and the consent of the child 3. Shareting and baby influencers: which instruments of protection? 4. The absence of a regulatory framework on the subject and potential remedies 5. Loi n° 2020–1266 du 19 octobre 2020 visant à encadrer l’exploitation commerciale de l’image d’enfants de moins de seize ans sur les plateformes en ligne and the French legal framework 6. Conclusions: A legislative gap that needs to be filled Toward a new family-friendly tax system: Which tax regime? 1. Introduction 2. The diachrony of family income taxation models: Analysis of the problems 3. The difficulty of valuing the family nucleus as an economic unit of reference for a different and independent ability to pay compared to that of the individual members. The need to give spouses the right to opt for a different tax regime 4. The “splitting” system 5. The “family quotient” mechanism 6. Critical profiles and further solutions: The deductibility of all expenses incurred by taxpayers for family loads; the institution of the “family factor” 7. Conclusions Chapter V. The family of the 21st century and the crisis of values Family, new vulnerabilities and metaverse between protection needs and opportunities 1. Family of the 21st century and solidarity 2. The paradigm of the obligation to eat between solidarity and personalism 3. Sanctions for violation of family solidarity 4. Family and new vulnerabilities: The metaverse 5. Family, metaverse and minor 6. Family and metaverse between the needs of protection and promotion: the elderly and the mentally and physically infirm The approach of family and succession law to digital assets 1. Introduction 2. Transformation to the digital world 3. Family law doubts and challenges 4. Inheritance law doubts and challenges 5. The approach of some legislators 6. Some conclusions Division of joint property of spouses after termination of marital property: Selected practical problems 1. General remarks 2. Selected practical problems 2.1. Determination of the value of mortgaged real estate 2.2. The value of the subject of the appeal in cases for the division of joint property 2.3. Admissibility of covering a consistent application for division of joint property with the actio Pauliana 3. Summary European Union environmental policy toward society 1. Introduction 2. EU environmental policies and programs 3. Environmental impact assessment and public participation 4. Conclusions Throughout history, the family has been considered the primary nucleus of social organization, and the law has played a crucial role in the regulation and protection of its members'rights and obligations.This book seeks to explore and analyse the importance of family law from multiple perspectives. Changes in the forms of cohabitation, new family conceptions, new reproductive technologies and gender equality are current unresolved legal challenges, where a historical view has much to offer. It sheds light on the interactions between family, law, and society over the centuries, exploring the tensions, contradictions and changes that have defined this complex relationship. It contributes to the current debate on the legal challenges and dilemmas facing the family institution in the twenty-first century.This book is a thought-provoking and critical analysis, offering a panoramic look at the evolution of family law and its impact on today's society.