MODERN EUROPEAN LAW. In modern European law maternity is purely a question of fact ; pa ternity is based on the presumption that the child born or conceived in wedlock is the hus band's child, but proof of the contrary is per mitted. The child born out of wedlock, if 'recog nized' by the father, or if the fact of paternity be established by judicial inquiry, is entitled to support up to a certain age. and has rights of succession (q.v.) in the paternal estate, but not the same rights which belong to legitimate chil dren. In the French law, however. inquiry into the paternity of the illegitimate child is pro hibited, and such a child has no rights against the father unless it has been recognized. The legal relation of the parent and child is regularly established by birth in wedlock, by legitimation, and by adoption. A child born out of wedlock is legitimized by the subsequent marriage of the parents accompanied by recognition of the child; and in some countries (e.g. in Spain and in Ger many) the child may be legitimized by admin istrative decree issued at the father's request. Adoption (q.v.) is usually pennitted only when the adopting parent is childless. Legitimation and adoption generally give parent and child the Caine rights which pertain to the parent and to the child born in wedlock, but this is not always the case.
The authority of the parent over the of the child is that of a guardian; i.e. the ele ment of duty is more emphasized than that of power. In the exercise of parental authority the voice of the father is deeisive, so that Itie pa rental rights of the mother become legally ef fective only when the father is dead, or when he is unable to exercise his rights or has been de prived of them by a decree of court. The admin istration of the property of children belongs to the parents (to the father as of right; to the mother, usually. only with the authorization of the family council or the court). and in most of the codes the parents are not obliged to account for the income. their rights being those of usn
fruetuaries; but where property is given or be queathed to a child, the donor or testator may exclude this parental usufruct and even the parental administration. The parental usufruct is also excluded as regards 1110111'y and property acquired by the child's separate labor and in dustry. In ease of divorce or annulment of marriage, the control of the persons and the property of the children is regulated by order of the court. The authority of the Widow or divorced wife over her childnm and her usu fructuary rights are. in all civil legislations, ill]. paired by her remarriage; and the German law makes provision for safeguarding the interests of children of the first marriage when the father marries again. Parental authority is extin guished when the child' reaches full age or is emancipated. In many legislations, however, parental consent is necessary for the marriage of a child even after the child has reached full age. See MARRIAGE.
In all European legislations parents. like other guardians. are subject to the control of the state..exercised through the courts; and they are usually incompetent to alienate real estate belonging to the children without the authoriza tion of the proper court.
The chief duties of parents are the suitable support and education of their children. In many of the civil codes they are also bound to provide daughters with dowries (so at Spanish and German law); but this is not the case at French law, the ('ode Napol(4)n following the old maxim, Me dote qui vein.' Parents arc re sponsible for debts contracted by their children without their authorization only as a result of the duty of support and education (i.e. they are liable only for necessaries). In most legislations they are liable for all torts committed by chil dren; at German law, however. the parent is responsible only when the tort could and should have been prevented by him. i.e. when he has failed to emreise proper surveillance and con trol.