if she has acquired a professional reputation uder this name;
for social imperatives;
in the interest of the children… " (Article 148).
578. "The children shall be entrusted to the woman until the age of seven unless the
court, at the request of the husband, or failing that, the family council or the public
prosecutor and following the conclusions of a social investigation, orders in the
interests of children that all or some of the children be entrusted to the care of the
husband or a third party. When the children shall be more than seven (07) years old,
the court shall order, depending on their interest, that all or some of them, be
entrusted to the custody of the father, the mother, or a third party "(Article 151).
3.3.6 - Protection of children in the family (Article 6 (i) & (j))
579. Children are protected under Article 31 of the Togolese Constitution which
states: "... Parents shall be bound to provide for the upkeep and education of their
children. They shall be supported in this task by the State. Children born in marriage
or out of wedlock shall be entitled to the same family and social protection. This
protection within the family is also provided by the Persons and Family in several of
its articles.
580. Indeed, "the management of the family shall be provided by both spouses. They
shall jointly assume the moral and material responsibility in the common interest of
the household and the children "(Article 99 (1)). In addition, "the spouses shall, by
the mere fact of marriage, have the the obligation to feed, maintain, raise and educate
their children" (Article 108).
581. This protection extends to the inheritance rights mentioned in Article 426:
"Children or their descendants shall succeed their father and mother, grandparents
and ancestors, whether they come from different marriages or are born out of
wedlock. They shall each have equal portions of succession, when they are all of the
first degree. They shall succeed by descendance when they all come by representation
or in part ".
582. In addition to information on points 3.3.1 to 3.3.6, other information considered
useful for the protection of women in marriage is worth mentioning. This information
includes:
equality between the spouses, which enables them to jointly assume moral and
material responsibility in the common interest of the household and the
children (Article 99). The husband is no longer the only head of the family as
was the case with the 2012 Code);
161
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