A gyermekelhelyezési perek kodifikációs kérdései

Abstract

This study discusses the codification issues of child placement cases, revealing that although they proceed within civil procedure, they share commonalities with criminal cases, particularly in the use of psychological expert opinions. It emphasizes that in child placement cases, the child primarily becomes the subject of psychological expert examinations, and the younger the child, the more frequently this evidentiary tool is applied. The study clarifies the concept of child placement within the family law system and presents the rights and obligations falling under parental supervision. It provides a detailed historical overview of Hungarian regulation, including the 1945 M.E. decree, the 1952 Act IV (Family Law Act), and the changes brought about by the entry into force of the new Civil Code (Act V of 2013) on March 15, 2014, which integrated family law into civil law. The author analyzes the specific characteristics of family law, highlighting that it primarily regulates personal relationships and its norms adhere more strongly to moral standards than other legal areas. It addresses modern societal changes, such as the increasing importance of financial relations and the rising number of dissolved marriages, which pose new demands on family law norms. Special emphasis is placed on strengthening children's rights and related international conventions, such as the New York Convention, which prioritizes the child's best interests. Finally, the study summarizes the differing views in the legal literature regarding the placement of family law norms within the civil law system.