Obowiązek alimentacyjny rodziców wobec małoletniego dziecka – uwagi konstrukcyjne
Parents’ maintenance obligation towards a minor child – constructional remarks

Summary/Abstract: The purpose of this article is to propose the right direction of interpretation of the provisions of the Family and Guardianship Code regarding the maintenance obligation of parents towards minor children. The basic tool for achieving this goal has become a semantic analysis of selected provisions of the code, aimed at answering the question of why the legislator used different terms to describe the performance of a maintenance obligation: maintenance payment and performance of the maintenance obligation. As a result, the category of maintenance benefits in the strict sense of the word is covered by the definition of Art. 128 of the Family and Guardianship Code and the category of maintenance benefits in the broad sense of the word, although going beyond this definition, but leading to the implementation of the maintenance obligation. Moreover, it was proposed to change the current wording of Art. 128 of the Family and Guardianship Code by replacing the concept of upbringing with the concept of custody over the person of a child. It has also been found that additions made to a maintenance obligation constitute maintenance, irrespective of the name given to them.

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