Concept. Art. 67, law 136-03: It is the set of duties and derechos that belong to, of way egalitarian, to father and the mother, relationship to sons and daughters who have not reached the age of majority. mayoria de edad.
Features authority parental
- Non-delegable;
- Imprescriptible;
- Unavailable;
- Attributive of ownership;
Effects legal of the authority parental (Nolasco, Daniel. Volume II. Pages 312-314)
- El right de guard, tenure o custody on minor children of edad not emancipated;
- El must of care for minor children edad not emancipated;
- El must de mass surveillance;
- El must of education, not only to level de instruction, but also to train the hijo/aa level corporal, spiritual and social.
- El must de assistance material - legal obligation food.
- El right de correction.
- Law School to choose the name stack.
- El right de representation legal.
- El right de administration of the goods.
- El right de usufruct of the goods of their children.
- El right de to receive respect and obedience.
- El right de to receive help, in reciprocity with their Parents en state of old age.
Suspension and termination of the authority parental. La suspension of the authority Parental refers to the suspension of the exercise of esa authority parental no to the suspension of the ownership.
Art 74 law 136-03.
Causes of suspension:
- Lack of, negligence or unjustified failure to fulfill his duties, when he has the means to fulfill them;
- When the father and / or the mother by action u omission, verified by the competent judge, threaten or violate the derechos of the NNA and put into risk your safety and comprehensive well-being even as result of a disciplinary measure;
- Declaration de absence;
- Be put under the regime de protection de Most de edad;
- Interdiction civil or judicial.
It is possible to recover the authority parental when it has been suspended.
Art 76 law 136-03.
Art 78. Both suspension as the recovery of the authority parental will be pronounced by the jurisdiction of NNA, in civil powers, prior proceedings contradictory and taking into account account el interest higher education of children and adolescents.
Termination of the authority parental
Art 72 Act 136-03.
- La mayoria de edad of the adolescent;
- The death of the child;
- La emancipation of the adolescent by by judicial or by wedding ;
- La suspension final of the authority of the father and/or the mother by court decision.
- Termination by court decision of the authority parental. Art. 76, law 136-06.
- When the father and mother or responsible persons, in fact o right, be declared, by means of sentences judicial as material author o mastermind or accomplice to crimes or offenses against the person of the hijo or daughter or against the other spouse or cohabitant;
- When the father, mother I person responsible fails to comply with the obligations established by the competent judge, in the proceedings de suspension temporary of the authority;
- Author material or intellectual or accomplice of crimes or misdemeanors committed jointly with children and adolescents;
- At commission of the violations contained in the law 24-97 envelope violence intrafamilial.
The judge will assess the hurt produced to the NNA to determine whether the suspension temporary or the termination of the authority parental.
Who can sue the suspension or termination of the authority parental? Art 77. law 136-03.
1. The interested NNA, taking into account account su edad and maturity;
2. El father, mother or responsible, ascendants or collaterals up to the fourth degree of consanguinity;
4. CONANI.
Effects of the termination of the authority parental. Art 81 law 136-03.
Children and adolescents will be able to:
· Be subjects of guard y adoption;
· The authority Parental responsibility may be assumed by ascendants, older brothers and sisters of edad, uncles/as, exceptionally, by the State;
· If the termination occurs with respect to one of the Parents, The authority parental corresponds right the other.
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