The right of correction to children in the German Civil Code (BGB)

Abstract

The aim of this paper is to analyze the legal figure of the right of correction to children provided for in the German substantive norm (BGB). In this context, the main object of controversy is the scope of the exercise of this legal concept in accordance with the regulation in the article 1631.2 of the German Civil Code. The structure of the paper begins with an introduction on the topic. Then, the state of the art of the normative is studied. Likewise, the legal concept of parental authority is analyzed as well as its exercise and the representation of the child. Subsequently, the regulation of the right of correction to children is studied
according to the scope that includes the exclusion of the use of violence, which includes the exclusion of physical punishment, psychological punishment and the exclusion of other degrading measures. The paper concludes by highlighting that degrading measures prohibit not only the application of physical violence and psychological violence, but the exercise of any kind of violence against children. In this context, the right to correction is part of the exercise of parental authority and is not opposed to the right to correction of children, but rather the care and education of children in the best interest of the child is configured as a right of the child. As for the working methodology, the analytical, interpretative, and comparative methods are used in the development of the paper.