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Published online by Cambridge University Press: 08 May 2020
The aim of this chapter is to achieve two complementary goals. The first is to define the most important issues related to the protection of elderly family members through a family law prism. In that regard, special attention is devoted to questions of guardianship, maintenance and family violence. The second goal is to define the role the state has, or, even more so, the role the state should have in relation to the family. It is my intention to prove that the role of the state is not only to provide help and care for elderly family members, but also to influence changes in the family, so that care within the family itself is re-established. I believe that only a strong family, which takes care of all its members, is able to resist all the temptations imposed upon it by modern society. If the process of losing its value continues, the family shall be deprived of its wholeness, which would in turn lead to destruction of basic human values, causing insufficient and inadequate protection of all its members, and elderly family members in particular.
CHANGES IN DEFINITION, THE ROLE AND THE FUNCTION OF A FAMILY
The definition of a family is a constantly changing one, both in its legal and its every-day notion. Hence, the legal definition of family is not often found in national family law sources. The unwillingness of the legislator to define the notion of family is caused by awareness of the dynamics of family relations. Namely, within these relationships, like in all other relationships in society, constant changes occur, which sooner or later deprive the legal definitions of their practical value. If we analyse international documents, a similar definition of family is found in numerous sources, based on the concept that a family is the natural and fundamental group unit of society and is entitled to protection by society and the state.
Furthermore, like the legal definition, the every-day notion of family is also vague. Until recently, it was not hard to define a family: a traditional structure made of spouses and their children. Today, the paradigm has changed. Nevertheless, no matter which definition of family we should or should not accept, it is beyond doubt that members of family should be protected as much as possible at all times. This is the very ratio of the existence of family law itself.
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