Kolejność obowiązku alimentacyjnego z art. 144 kodeksu rodzinnego i opiekuńczego

Abstract

The problem of alimentary duties between step-parents and step-children has often been referred to in the works of legal writers. However, the question of the sequence of the said duties has not been satisfactorily explained. The authors, despite the wording of sec. 144, are unanimous that it should be determined with regardless of the principles of social coexistence. In the present paper, the author undertakes the task of proving that the adoption of the said principles in order to establish the sequence of the alimentary duties brings about the results free form undue subiectivism or arbitrarieness. Thus, depending on various factors, the aforementioned duties should be arranged either according to the „loco parentis" and „loco pueri" rule or they should be regarded as subsidiary ones. Nevertheless, it is the author's opinion that the wording of sec. 144 does not fully respond to the requirements of the contemporary social relations and therefore the said provision should be restated with no reference to the principles of social coexistence and should, to a high degree, correspond with the regulation of alimentary duties between parents and children.