Legal Definitions - super jure naturae alendi liberos

super jure naturae alendi liberos

This Latin legal phrase translates to "on the ground of natural law, obligating persons to support their children." It refers to the fundamental and inherent principle that parents have a natural, moral, and often legal duty to provide for and nurture their offspring. This concept suggests that the responsibility to care for one's children is not merely a creation of statutes or societal rules, but arises from a deeper, universal understanding of parental obligation.

• Child Support Orders: When a court mandates that a non-custodial parent pay child support following a separation or divorce, this legal requirement is a direct application of the principle of super jure naturae alendi liberos. Even though the specific amount and duration are determined by statute, the underlying justification for compelling such payments is the recognition of a parent's natural and continuing obligation to contribute to their children's financial well-being and upbringing.
• Laws Against Child Neglect: Statutes that criminalize child neglect or abandonment are built upon the foundation of this natural law principle. For instance, if parents intentionally fail to provide essential necessities like adequate food, shelter, clothing, or medical care for their minor children, they can face severe legal penalties. These laws reflect society's collective understanding that parents are inherently bound to ensure their children's fundamental needs are met, irrespective of specific legal contracts or agreements.
• Guardianship and Estate Planning: Parents often include provisions in their wills to appoint guardians for their minor children and establish trusts to ensure their financial support in the event of the parents' untimely death. While these are formal legal actions, the driving force behind them is the parents' deep-seated, natural sense of responsibility to protect and provide for their children's future, embodying the spirit of super jure naturae alendi liberos even when they can no longer physically do so.