👉The table of contents so far is here.
Chapter 5: The System of Civic Law
5.3. Citizenship Law -part 2-
The third element of communist citizenship law is kinship rights. These are rights related to private status, as opposed to resident rights and civil rights. In the capitalist legal system, this is the domain covered by the family law, which belongs to the civil code, but the substance is quite different.
In other words, while family law is structured around marriage and family relations, communist family law is structured around notarized partnerships, which replace the marriage system.
While the modern marriage system is gradually strengthening its essence as a union between individuals rather than a traditional family, it still carries on the pre-modern custom of the union of families, whereas notarized partnerships are essentially a purely equal union between individuals.
Therefore, notarized partnerships can be formed regardless of whether the partners are of the opposite sex or the same sex, and in principle, both partners must have different surnames (they can also choose to have the same surname at will). In addition, there is no possibility of a so-called in-law relationship arising between the relatives of such notarized partners.
A notarized partnership is only valid when the formation of the partnership is certified by a legally valid written agreement. It is not mandatory to notify the local authority, but if you do not notify it, you will be treated as a single person for the purposes of administrative services, so it is recommended that you do so.
The dissolution of a notarized partnership, which is equivalent to a divorce, is also done by written agreement, and if the dissolution has been notified to the local authority, a notice of dissolution must also be filed. There are no restrictions on the grounds for dissolution, and it can be done with the agreement of both parties alone.
As a rule, children of notarized partners (including adopted children) will, in principle, take the surnames of both partners if the partners have different surnames. For example, a child of Jones and Brown will have the surname "Brown-Jones" (the order of surnames will be alphabetical order or the order of the letters in each official language).
In a notarized partnership, parental rights are held jointly by both partners, but under the communist educational philosophy that "society raises children" (see my article), parental rights have a strong obligatory nature to raise children as entrusted to them by society.
Therefore, there is ample room for the suspension or revocation of parental rights due to a lack of parenting ability or inappropriate parenting. On the other hand, the systems of certified foster parents and protective adoption have been expanded and are widely used as systems for the home-based care of children.
👉The papers published on this blog are meant to expand upon my On Communism.
