Concept in Definition ABC
Miscellanea / / July 04, 2021
By Florencia Ucha, in May. 2011
The power is he dominion, power or faculty that is held over someone or something.
Power you have over something or someone
It is a term with a strong presence in the legal field and that at the same time encompasses issues such as the power, the right and the obligation.
Then, the power will be a right, an obligation and a power ...
A right because whoever has it can execute it before certain people so that they fulfill their duties as prescribed. It is also a power, because whoever possesses it will be able to use the force for it to be fulfilled, for this reason, normally the power is conferred on a authority. And it is also a duty, because whoever has it is obliged to exercise it, never being able to reject it.
Applications
The power can be applied in the following variants: the jurisdiction that a person has in some area; the document that enables a person to represent another and, if applicable, act on their behalf, among the More common examples are the general or limited powers that people grant to people of
confidence, or their lawyers, to represent them in any situation or in various proceedings; possession of something; and finally the power to represent a nation which is the one exercised by the president or the head of government of a nation, and that as such allows it to make decisions that will have as mission implement public policies that improve the quality of life of the citizens they represent, of course this in the ideal of cases, although unfortunately many times this does not happen in practice.On the other hand, at the judicial level, a court or judge will have the power to intervene in a cause or litigation that falls within their jurisdiction and must determine the guilt or innocence of someone, grant compensation to a victim, among other decisions that may have to drink.
Parental authority: series of rights and obligations that the law recognizes to parents with respect to their minor children
For its part, the custody will be that set of rights, duties and obligations that the law It recognizes parents with respect to what concerns their children while they are minors or in case they are completely disabled to function on their own, with the clear mission of facilitating the effective fulfillment of their duties as support and educators of their own children.
A father, a mother cannot leave any decision to the free will of their minor children transcendental to their lives, let alone leave them to chance when it comes to their care and maintenance.
Until the children reach the legal age of majority, which is normally 18 years of age, they must exercise their obligations and will have rights as parents.
Of course, parents who do not comply with their obligations especially, may be sued, punished by law and urged by it to comply with them. Meanwhile, when one of the parents feels that his rights are violated for any reason, he may also demand the fulfillment of his rights by legal means.
In the ideal case in which both parents are together, either civilly married, or failing that, united under the same roof without any legal role, the homeland power, it will correspond to both, that is to say, in each step that of his son not yet emancipated, it will be the two who must answer for him, or if the boy wanted, for For example, taking any action such as traveling alone or getting married, which the law at your age still does not allow you must have the consent of your parents, who are the ones who have the custody.
On the other hand, when the parents divorce or separate, it may happen that after examining the case in question the justice decide that parental authority corresponds only to one of them, or on the contrary to both, that is, what is known as shared parental authority.
Most divorces today agree to shared parental authority, except in those conflictive cases in which there are serious disputes between the parents.