Vaikų išlaikymas: kai kurie aktualūs teoriniai ir praktiniai aspektai

• Published in: Jurisprudencija 2012, Vol.19 (1), p.209-229
• Main Authors: Kudinavičiūtė-Michailovienė, Inga, Vėgelienė, Jolanta
• Format: Article
• Language: English
• Subjects: Law, Constitution, Jurisprudence
• ISSN: 1392-6195

The Constitution of the Republic of Lithuania1 determines that both parents have to maintain their minors, while the state has to establish conditions under which parents would be able to do their duties, i.e. undertakes responsibility to maintain the children who lack the maintenance from their parents. Latter obligations are concretized in the Civil Code of the Republic of Lithuania2 (3.192–3.204 art.). It also anticipates the principles under which the child’s maintenance should be provided, its forms, size criteria and the definition of its use and control. There is a theory that when parents are not able to fully perform the duty to maintain their children, the guarantees of the child’s constitutional rights oblige the State to secure quick reception of necessary financial support from other resources. Considering the existing social, economic, legal and other changes and sustaining both the analysis of court practice and doctrine attitude the article analyses present topicality concerning children maintenance, i.e. correspondence between child’s needs, parent’s wealth status and the prosecution of court’s decision, the correlation of state’s duty to children maintenance and parent’s responsibility, the peculiarities of majors maintenance.