Parental contract: Difference between revisions
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A child shares | A child shares what is called a domestic relationship with their parents. This relationship is a said by some to be de facto contract because it is unspoken and yet understood by [[society]] and the both parties. | ||
It may also be called a constructive contract. The child's capacity to understand is limited but the acceptance of protection and provision by the parents establishes or constructs a relationship between them. | It may also be called a constructive contract. The child's capacity to understand is limited but the acceptance of protection and provision by the parents establishes or constructs a relationship between them. |
Revision as of 16:38, 28 September 2016
A child shares what is called a domestic relationship with their parents. This relationship is a said by some to be de facto contract because it is unspoken and yet understood by society and the both parties.
It may also be called a constructive contract. The child's capacity to understand is limited but the acceptance of protection and provision by the parents establishes or constructs a relationship between them.
- Protection draws to it subjection, subjection, protection.
- Protectio trahit subjectionem, subjectio projectionem. Co. Litt. 65.
If we are endowed with our rights by an unseen God then our parents who we can be seen are the primary source of those right within the physical world.
- Children born under a legitimate marriage follow the condition of the father.
- Cum legitimae nuptiae factae sunt, patrem liberi sequuntur.
Rights consist of both corporeal and incorporeal hereditaments of our individual personality.
- An heir is another self, and a son is a part of the father.
- Haeres est alter ispe, et filius est pars patris.
We inherit our rights naturally through our parents and our parents cannot pass rights to their children that they have already waived.
- The offspring follow the condition of the mother. This is the law in the case of slaves and animals; but with regard to freemen, children follow the condition of the father.
- Partus sequitur ventrem. 1 Bouv. Inst. n. 167, 502;
But these are Natural law maxims. Legal systems may also establish reltionships based on lega contracts.
- "The father is he whom the marriage points out."
- Pater is est quem nuptiae demonstrant. 1 Bl. Com. 446; 7 mart. N. S. 548, 553; Dig. 2, 4, 5; 1 Bouv. Inst. n. 273, 304, 322.
The legal marriage contract brings the whole family under the power of the State as Father of the family according to Pater Patriae or or even Patronus.
It is said that our rights are the essence of us. We are living souls and the seat of the soul is in the blood.
- Children are of the blood of their parents, but the father and mother are not the blood of their children.
- Pueri sunt de sanguine parentum, sed pater et mater non sunt de sanguine puerorum. 3 Co. 40.
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