Towards a new perspective in the creation of the parent-child relationship : A comparative analysis of the laws of Scotland and Greece

Kotsifakis, Nicholaos E (1982) Towards a new perspective in the creation of the parent-child relationship : A comparative analysis of the laws of Scotland and Greece. LL.M(R) thesis, University of Glasgow.

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Abstract

The creation of the parent-child relationship, producing a state of dependency and also concerning society's existence, has always been a matter of great social interest and consequently of compulsory legal regulation. The traditional concept, however, perceiving children as an extension to their parents and therefore pursuing the satisfaction of their interests by showing concern over whether the parent relationship measures up to approved social norms, is extensively challenged by the attention given to the child's independent membership in the social setting. His interests increasingly receive independent social recognition notwithstanding that the role of the parent in his life remains of paramount importance. This change of principle, as far as the child's interests are concerned, seems to leave without justification the so far diverse policy as regards biological procreation, the discriminatory status attributed to some natural relationships and the role that adoption comes to play in remedying defects of status. The ideal solution on the other hand seems to be to give legal recognition to any natural relationship and for adoption to have the role of creating a parent-child relationship where that with natural parents cannot come into existence or, though existent, functions against the interests of the child. However, such radical change in policy would overturn a long lasting tradition and strike against fundamental principles involved in the creation of the parent child relationship. The issues are manifold and will be examined along with the existing law and the reform needed. The nature of the task undertaken by this study is partly determined by the choice of the legal systems selected for examination. They present a number of similarities in their approach to the matter developed upon basic principles of Roman law. On the other hand Scots law, by being largely a common law system, presents certain dynamics in its adjustibility to new conditions whereas Greek law as a codified system adheres more to the traditional development of the law and has certain advantages in terms of legal certainty. On the basis of the fundamental assumption that a two parent family is the most promising unit for bringing up children both laws have been developed so far in a way that attempts to absorb all children submitted to their jurisdiction into a family unit formed by their parents. Accordingly for a child born to a married woman the legal relationship afforded to the child is a complete one and comes into existence by legal fiat. Thus the child is presumed to have been begotten by her husband or the man subsequently married to her. Also a child may be legitimated with the subsequent marriage of his parents or in Greece by a court decree if the parents cannot marry. The status so accorded to the child enjoys strong legal protection but nevertheless receives considerable criticism in respect to its functioning under present social conditions. By being a purely legal construct resulting in an artificial and inflexible reception of status it is doubted to have succeeded in upholding the marital family in social opinion. Additionally, by incorporating a certain family stereotype doubts may be expressed as to whether it comprehends the current state of man-woman relationships and the effects of this an the composition of the nuclear family. The diverse factors affecting the existence of the parental relationship make it insecure as a basis for determining the child's status by reference to it. (Abstract shortened by ProQuest.).

Item Type: Thesis (LL.M(R))
Qualification Level: Masters
Additional Information: Adviser: E Attwooll
Keywords: Law, Individual & family studies
Date of Award: 1982
Depositing User: Enlighten Team
Unique ID: glathesis:1982-72120
Copyright: Copyright of this thesis is held by the author.
Date Deposited: 24 May 2019 15:11
Last Modified: 24 May 2019 15:11
URI: http://theses.gla.ac.uk/id/eprint/72120

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