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Family & Law

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October, 2022 Expand all abstracts

Access_open The Effect of Parents’ Violation of Duty to Care on the Amount of Child’s Claim for Damages: A Comparative Study

Keywords duty to care, liability of the parent(s), compensation due to the child, contributory fault of the parents, attribution of fault, imputation of fault
Authors Ph.D. Ekin Korkmaz
AbstractAuthor's information

    Parents being responsible for taking care of their children and protecting them from dangers is a universal moral rule. However, the reflections of this rule on legal systems have been different. Significantly when third parties harm a child, whose protection is neglected by his/her parents, legal systems have divergent evaluations as to whether it is appropriate and/or necessary to make a deduction from the compensation to be paid by the perpetrator to the child. In the modern legal world, there are three approaches to this issue: the independence approach, in which the fault of parents and children are entirely separated from each other and parents are liable to the child, the indirect attribution approach, where the judge considers the fault of the parents while determining the fault of the perpetrator and therefore makes an indirect deduction from the compensation paid to the child and finally, the conditional attribution approach, where parents held liable in case of a pre-existing legal relationship between the child and the perpetrator. The article is mainly concerned with the problem of determining what effect a breach of duty of care by the parents should have on the amount of the child’s claim for damages against a tortfeasor and proposes a three-step-solution based on the independence approach in order to provide real protection to injured children.

Ph.D. Ekin Korkmaz
Dr. Ekin Korkmaz is a post-doctoral researcher at Westfälische Wilhems Universität Münster, Germany.

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Frederik Swennen, Contractualisation of Family Law in Continental Europe, F&L July - September 2013, DOI: 10.5553/FenR/000008. www.familyandlaw.eu/doi/ 10.5553/FenR/.000008 (Last accessed: …)