Poder familiar e responsabilidade dos pais: enfoques processuais

AUTOR(ES)
DATA DE PUBLICAÇÃO

2005

RESUMO

This present dissertation analyzes family power and the consequent liability of parents from the point of view of civil and procedural civil law. The dissertation begins with a brief historical account of family power, which has led to its current conceptualization as the duty and right of parents toward their children. Its legal nature as public munus should be stressed, as it must always be exercised in the best interests of the child or adolescent. The dissertation analyzes who the active and passive subjects of family power are, the distinction between title and exercise, and cases where family power can be extinguished, suspended or modified. The second chapter deals with the civil liability of parents for illicit acts committed by minor children. The nature of parents liability consequent to family power is discussed especially in view of the recent changes in Brazilian law with the enactment of the new Civil Code. The question of who is liable for such illicit acts and under what conditions is treated, and procedural issues related to the civil liability of parents is discussed, such as legitimacy to respond in court and the executability of decisions which apply socio-educational measures obliging a minor to remedy the damages caused. The exercise of co-parentality can give rise to disagreements between the parents. The ways by which these disagreements can be resolved are studied and an analysis is made of court intervention, which is the form provided by the Civil Code to settle disagreements between parents in the exercise of family power. The last chapter treats of various court actions that may be proposed against parents who fail to comply with the duties inherent to family power. Such actions have the purpose of divesting, suspending or modifying family power, actions in favor of children subordinated to family power, and compensatory measures due to moral abandonment, this latter aspect being increasingly present in Brazilian courts today

ASSUNTO(S)

processo processo civil - brasil poder familiar direito processual civil direito civil - brasil responsabilidade dos pais responsabilidade pais e filhos (direito)

ACESSO AO ARTIGO

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