The rising importance of the concept of parental authority

Abstract

Throughout this thesis, I have focused on the institute of parental authority, as amended by Act XXXI of 1993. In my introductory comments, I included a historical background to the subject by referring to the Roman Law and Common law positions. The shift from patenial to p_arental authority has also been outlined. A detailed study of the effects of parental authority is contained in the first chapter. The first part of the chapter deals with the effects relative to the person of the child. The obligations of the parents and the duties of children are examined at some length. The second part of the chapter emphasises on the duties of parents as representatives and administrators of the property of their children. The authority of the parents vis-a-vis their children in marriage breakdown is outlined in the second chapter whereas the increasing recognition of the parental rights of the father of an illegitimate child in various jurisdictions is analysed in the third chapter. The various causes of tennination of parental authority are listed in Chapter IV. Finally, as in every other aspect of law, the need for refonn in the institute of parental authority is largely called for. For this reason, a number of proposals are put forward in the conclusion.