This qualification research is a comprehensive study on the contractual regulation of relations concerning the placement of orphans and children deprived of parental care into family-type children's homes. The research is divided into three chapters, exploring various aspects of legal regulation, contract formation, execution, and breach of obligations related to these placements.
In the first chapter, "Legal Regulation of Relations on the Placement of Orphans and Children Deprived of Parental Care in Family-type Children's Homes," domestic and foreign approaches to regulating such placements are examined. The study focuses on the evolution of legal frameworks in this area and compares practices in Central and Eastern European countries, such as Poland, Moldova, Romania, and Bulgaria, which inherited their legal approaches from the Soviet Union. The author recommends adopting successful foreign practices, such as limiting the number of children in a family-type home and developing individual care plans for each child.
The second chapter, "Legal Characteristics of the Agreement on Organisation of Activity of a Family-type Children's Home," delves into the legal nature of such contracts. It is argued that these agreements give rise to quasi-family legal relations between caregivers and children, which differ from traditional family relationships as they arise through legal frameworks rather than blood relations. The chapter also explores the specific rights and obligations of parents-caregivers and the role of state bodies in these agreements.
The third chapter, "Conclusion, Performance, and Legal Consequences of Breach of Obligations by the Parties under the Agreement," addresses the dynamics of these contracts, including pre-contractual stages, the fulfillment of obligations, and the legal consequences of non-compliance. The study highlights that breaches of these contracts can lead to their termination, with further legal consequences such as compensation for damages and moral harm.
Overall, the research contributes to improving the legal framework governing family-type children's homes and suggests legislative changes to enhance the effectiveness of these contracts in the protection and care of vulnerable children.
Keywords: agreement on the organisation of activity of a family-type children's home, family agreement, agreement in family law, typical agreement, family-type children's home, guardianship and custody authority, the body that made the decision to establish the family-type children's home, parents-caregivers, contractual liability.
