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• The Right to Maintain Contact within the Context of Fundamental and Personality Rights

  Anna Szendrői

  Views:

  636

  It is self-evident that parents play an irreplaceable role in the lives of their children, influencing the child's physical, mental, and emotional well-being and behavior. It is therefore necessary that children maintain personal relations and direct contact with each parent, even if the marriage of his/her parents is permanently and irreparably damaged. The right to contact, which has a strong legal foundation in international conventions, is traditionally described as a right of the child, despite the fact that contact between parent and child is both a right and obligation of mothers, fathers and children. The right to contact is a Janus-faced, complex legal institution: although it is largely based on the fundamental right to private and family life guaranteed by constitutional norms, it plays a significant role in private law disputes as well. The aim of this article is to present the place of the right to contact within the Hungarian legal regime, emphasizing the enforcement of this right in the field of protection of basic and personality rights.

• The Enforcement of Children’ s Rights in the Family Law Book of the new Civil Code

  39-59

  Ágota Fazekas

  Views:

  374

  In Hungary, the new Civil Code came into force on 15th March 2014.Tthe fourth book of which (the Family Law Book) contains the rules of family law. These rules of family law have changed in some areas compared to what they were previously. For example, developments have occurred in the field of children’s rights. In the current study the author examines the enforcement of children’s rights guaranteed by the Family Law Book. As a main conclusion of this indepth analysis, the author states that the new Civil Code ensures greater protection and better enforcement of children’s rights. Namely, the Family Law Book determines the children’s rights in more detail, particularly the right to freedom of opinion, the right to maintaining relationship, and the right to support. In addition, new paradigm changes can be noticed in the Family Law Book which are in connection with the change of parent-and-child relations and the greater consideration of children’s rights and interests.