Civil law is made up of several branches, including the one that governs and organizes the legal relations between the different members of the same family, it is family law. It deals in particular with the ties of alliance and the ties of kinship, ascendants and descendants. But, first of all, what is a family in law?
By definition, the family is a group of people united, either by marriage, or by filiation, or by kinship and alliance. If there is no marriage, kinship makes the family. For example, cohabitation or a civil pact does not give rise to a family within the meaning of civil law as long as there is no child. The family fulfills several functions: demographic, political, economic and social. Family law takes over all these functions and ensures their application. If you have more specific questions you can ask a family law attorney directly. Like for example this lawyer https://laurita-avocat.fr/ , she will surely be able to answer your questions about family law.
What are the duties and rights of parents? First of all, they must be exercised with respect and in the interest due to the child. The parents set him a residence, a major attribute of parental authority. Article 371-3 of the Civil Code also provides that “the child may not, without the permission of the father and mother, leave the family home and may not be removed except in cases of necessity determined by law. .
Second duty: the duty of supervision. Parents watch over the relationships and all the communications of their offspring, which is not necessarily easy in today’s world. But, it is a question of preventing the possible situations of danger as well as possible.
Schooling and education are two essential and obligatory missions assigned to the father and the mother. Education includes several aspects: moral, civic, sexual, religious … everything that will allow the child to live in society when he is an adult and to acquire his autonomy. As for schooling, French law requires that between the age of 6 and 16, the child is integrated into a school or possibly educated at home.
Parental decisions regarding health also respond to rules, particularly with regard to compulsory vaccinations.
The maintenance obligation applies to both parents, separated or not. It consists of feeding the child but also of paying for his studies and education, his holidays, and health coverage. This obligation generally ends at the end of studies or financial independence.
The very notion of family also implies duties towards ascendants. The maintenance obligation is one of them. Thus, parents in need, not helped spontaneously by their descendants, can be reported to the guardianship judge. This will determine the amount of the pension to be paid according to the resources of each of the children. Going to a retirement home is often a trigger. However, to be considered “deprived sniors”, certain criteria must be met, in particular income.
Family law is an extremely broad module of civil law. Moreover, in view of the rapid changes in our society, it requires constant upgrading. Only a lawyer specializing in this field can help you in the event of a conflict.