Monitor Prawniczy

no. 17/2019

Child’s interest as a general clause – what does the concept of child’s interest mean in the 21st century?

DOI: 10.32027/MOP.19.17.5
Maciej Bieszczad
Autor jest doktorantem w Zakładzie Prawa Cywilnego i Prawa Międzynarodowego Prywatnego Uniwersytetu Wrocławskiego, aplikantem radcowskim w OIRP we Wrocławiu.
Abstract

The article aims to determine how social assessments and values should be taken into consideration when reconstructing the meaning of the title concept and in what way the meaning of “child’s best interests” is affected by social changes occurring in the 21st century. The title concept is a general clause, so its definition requires to make references to the norms or assessments functioning in society. It should be assumed that the characteristic feature of those norms and assessments is their changeability, so they should be reconstructed ad casum. The article aims to determine what social assessments are taken into account when determining the meaning of the concept of child’s best interests and to what extent they have been subject to changes in the 21st century.