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1
Kovacek-Stanic, Gordana. „The principle of self-determination in the family law through history and today“. Zbornik Matice srpske za drustvene nauke, Nr. 116-117 (2004): 159–78. http://dx.doi.org/10.2298/zmsdn0417159k.
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In the jubilee year 2004, Serbia marks the 200th anniversary of The First Serbian Uprising, structuring of modern Serbian state and its legal system comparatively speaking, France marks the 200th anniversary of passing the French Civil Code, one of the most significant civil codifications in the 19th century. It was an occasion to study certain institutions of family law through history and today. The used approach is modern, we studied the ways how the principle of self-determination influenced the family-legal solutions today, and we investigated if one could talk about the effect of this principle in the historical sense, too. The principle of self-determination implies the possibility for the subjects of family-legal relations to arrange their own relations themselves ? both the partner and parent relations. However, this principle undergoes significant limitations in the family law because the family relations are personal relations by character, as well as because of the need to protect the weaker participant, both the weaker partner or a child who needs protection stemming from his/her very status. Within marriage law, the principle of self-determination of the spouses (extramarital partners) is, among other things, made concrete through the possibility for an agreement about the effects of marriage (extramarital union), then through the possibility of agreed divorce, while the procedure of mediation in the marriage litigation contributes to the realization of the mentioned principle. As for the effects of marriage (extramarital union), the paper particularly discusses property relations, that is the marriage property contract, because it is at the moment a current issue in our domestic law. Within the relations between parents and children, the concretization of the principle of self-determination in parental care is significant, particularly in the situations when the relations between the parents were disturbed and resulted in a separation or a divorce with the joint parental care (application of the parental right). All institutions are analyzed in the positive law, in the historical context (solutions from the Serbian Civil Code the former Hungarian Law), and viewed comparatively in the European legal systems of the east and west European countries.
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Bonthuys, Elsje. „Public Policy in Family Contracts, Part II: Antenuptial Contracts“. Stellenbosch Law Review 32, Nr. 1 (2021): 3–23. http://dx.doi.org/10.47348/slr/v32/i1a1.
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This, the second part of an article on public policy in contracts between family members, focuses on legality in antenuptial contracts, particularly those which exclude all forms of sharing between spouses. The Matrimonial Property Act 88 of 1984 is now 35 years old and, apart from writing, it neither requires formalities to ensure that prospective spouses who enter into antenuptial contracts fully appreciate the consequences of their agreements, nor does it guarantee that the agreed upon property system is fair to both spouses. Instead, the focus is upon protecting the interests of third parties and creditors. The common-law principle of immutability makes it very onerous for parties to change the matrimonial property consequences during their marriage and, because the judicial discretion to order redistribution of benefits at divorce is limited to marriages concluded before the implementation of the Matrimonial Property Act, enforcement of antenuptial contracts at the termination of the marriage can lead to grossly unfair results. This unfairness has implications for gender equality, both because of gendered disparities in bargaining power at the conclusion of antenuptial contracts and legislation which limits the courts’ ability to deviate from contracts which mostly favour men, while retaining a discretion to deviate from contracts which tend to favour women. This article argues that the second leg of the public policy test, as articulated by the Constitutional Court in Barkhuizen v Napier can remedy the inadequacies in the statutory and common law by allowing the courts to consider inequalities in bargaining power and unfairness at the time of the enforcement of antenuptial contracts, in effect overriding the principle of immutability and creating a residual judicial discretion not to enforce an antenuptial contract.
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Gashi, Haxhi, und Bashkim Preteni. „MARRIAGE AND PROPERTY REGIME OF SPOUSES UNDER KOSOVO CURRENT LAW AND DRAFT – CIVIL CODE“. Pravni vjesnik 36, Nr. 3-4 (2020): 309–23. http://dx.doi.org/10.25234/pv/10800.
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The impact of marriage in the property rights of spouses has been recognized since Roman law and nowadays remains a principle well established under each European legal system. Under Kosovo law, marriage creates different legal consequences between spouses including for their property rights. The current property regime of spouses under the Law on Family establishes rules on individual ownership and joint ownership. However, it does not recognise the contract for the regulation of the property regime of spouses. This has created problems with regard to the separation of the property after the marriage ceases. Contrary to this, under Kosovo Draft Civil Code – Book 4 on Family, the property regime of the spouses has advanced including for the recognition of premarital and marital contracts. This paper discusses questions arising from the relationship between spouses that have an effect on property and are treated from a current law perspective and in line with the civil law codification that is occurring in Kosovo.
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Aleryani, Asma Salmeen. „الاشتراك المالي بين الزوجين حقيقته، وتكييفه، وحكمه الشرعي“. Journal of Fatwa Management and Research 24, Nr. 2 (30.04.2021): 298–314. http://dx.doi.org/10.33102/jfatwa.vol24no2.362.
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The research deals with the issue of financial participation between the spouses, which was introduced by some western countries, such as France, and some Arab countries, such as Morocco and others. Its idea revolves around the sharing of money between the spouses after divorce by parity, in contradiction to what the Sharia has stated regarding the separation of financial receivables for both spouses. This research came to show the reality of financial sharing between spouses, its origin in jurisprudence, and its islamic rulin
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Zhunussova, Togzhan Bakhtybaevna. „Influence of Legal Traditions and Legal Culture on the Institution of Marriage Contracts and the Possibility of its Improvement: The Experience of Kazakhstan“. Academic Journal of Interdisciplinary Studies 11, Nr. 5 (02.09.2022): 51. http://dx.doi.org/10.36941/ajis-2022-0124.
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Since the Republic of Kazakhstan gained independence, it developed market relations and established private property as the leading type of ownership. Such fundamental changes required corresponding changes in the system of law, including family law. However, such reforms often depend on the mindset, legal culture, and legal traditions that have developed in society. In Kazakhstan, the practice of concluding marriage contracts (which govern property relations between spouses) has not developed or been seriously limited. Thus, this sphere needs to be considered for further improvement. The study aims at determining the social and legal factors affecting the regulation of marital relations through the conclusion of marriage contracts in Kazakhstan. Based on an expert survey, the authors of the article have revealed both positive and negative aspects of concluding a marriage contract and considered the main reasons for a small number of such contracts concluded between citizens of Kazakhstan. There a marriage contract is a special extrajudicial way of settling property relations between spouses that may arise in the future, a means of protecting their property rights and exercising property obligations. However, this method of regulation and protection is resorted to families with a high-income level and great life experience and often in special life situations.
Received: 6 June 2022 / Accepted: 15 August 2022 / Published: 2 September 2022
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Kh. J. Al-Shamari, Mohannad, und Muzahim Al-Jalili. „TWO OLD BABYLONIAN MARRIAGE CONTRACTS FROM ISIN“. Iraq 82 (25.08.2020): 125–37. http://dx.doi.org/10.1017/irq.2020.5.
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Our study establishes that two tablets from the Iraq Museum are marriage contracts dating to the Old Babylonian period and in particular from the city of Isin. The dating formula of IM 201688 refers to a hitherto unpublished year name for Erra-imittī, who became king of Isin in 1868 BC. The event concerns the making of four large copper lions as a votive offering. This might have been done in preparation for a military campaign in connection with the rivalry between Isin and Larsa. The dating formula of IM 183636 is completely damaged. However, the text includes a witness described as a citizen of Isin. These two tablets are a very useful addition to the limited number of published OB marriage contracts and especially those from Isin. The tablets were written using formulaic legal expressions in Sumerian throughout with the exception of proper names. Both texts show a remarkably equal treatment of the two spouses in matters relating to compensation in the event of divorce.
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Bonthuys, Elsje, und Azille Coetzee. „The limited judicial discretion to redistribute property in marriages out of community of property: Revisiting feminist arguments on intersectionality, women’s work and choice“. Stellenbosch Law Review 34, Nr. 1 (2023): 185–209. http://dx.doi.org/10.47348/slr/2023/i1a9.
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Section 7(3) of the Divorce Act 70 of 1979 gives courts a discretion to deviate from antenuptial contracts in marriages out of community of property without the accrual system, if it would be just to do so, because one of the spouses contributed to the growth of the other spouse’s estate. This is known as the discretion to make a redistribution order. However, when the provision was enacted, this discretion only applied to civil marriages concluded before 1984. Gradually, however, the discretion was extended to other forms of marriage and to some civil marriages concluded after 1984. This article argues that the failure to extend the redistribution discretion to all marriages impacts disproportionately on women and constitutes impermissible discrimination on the basis of gender. It does so because the seemingly neutral statutory limitation on redistribution orders operates in a social context which is deeply marked by structural gender inequalities. These, in turn, mean that many women tend to be in a weaker bargaining position than men with respect to the terms of antenuptial contracts and whether spouses enter into such contracts at all. Moreover, women’s disproportionate responsibility for childcare and other domestic tasks usually has a negative impact on their ability to generate income and grow their own estates, while often enhancing those of their husbands. The failure of the law to take account of actual inequalities between men and women means that the current position discriminates indirectly on the basis of gender and there is no legitimate government purpose which justifies this discrimination.
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Brunet, E., L. Guérin-Schneider und F. Bonnet. „Impact of a new legislation on the water market and competition in France“. Water Supply 3, Nr. 1-2 (01.03.2003): 389–94. http://dx.doi.org/10.2166/ws.2003.0129.
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In France, watr services are under municipal responsibility. They can be managed, either by municipalities themselves, or by private companies through delegation contracts. Whatever the situation is, water management remain under state control. The law of 29 January 1993 known as “Sapin Act” limits the duration of the contracts of delegation and imposes a procedure of publicity and consultation preliminary to their conclusion or their renewal. A study has been led from 1998 by our laboratory on the impact of this competition between private companies on the delegation contracts and their price. The main conclusions are the following:Including water and wastewater contracts, the procedure of competition led to an average fall of 10% of the price paid to the contractor. The most significant falls concern services of more than 20 000 inhabitants;If the global distribution of the contracts between the three major companies in this sector is not basically modified, one notes an increasingly marked presence of independent private operators;The duration of the contracts is in reduction, on average, from 17 to 11 years. Then, it appears that the procedure instituted by the law of 29 January 1993 allowed a better exercise of competition between the private companies. The municipalities, mainly the smallest, encounter difficulties in the course of the procedure, and this is the reason why they expressed strong expectations in regard to the services of consulting. The progressive development of associations of municipalities makes it possible for the municipalities to obtain more favourable contractual conditions. This study makes it possible to follow the evolution of the number of procedures initiated pursuant to the law of 29 January 1993: nearly 300 in 1997, 582 in 1998 and 684 in 1999. In 2005, most of the 12,000 French contracts would have been renegotiated, a figure which shows the economical impact on water services.
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Shadanova, L. Zh, und T. S. Tilep. „Alimony obligations of spouses and ex-spouses: comparative legal analysis of the legislation of Kazakhstan and some foreign countries“. Bulletin of the Karaganda University. “Law Series” 109, Nr. 1 (30.03.2023): 115–22. http://dx.doi.org/10.31489/2023l1/115-122.
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The article is devoted to the comparative legal analysis of the legal regulation of alimony obligations of spouses and ex-spouses in Kazakhstan and in some developed foreign countries, in particular in Germany, France, the UK, the USA. Based on the research and analysis of the legislation of the Republic of Kazakhstan and foreign countries, the current problems of the material maintenance of spouses and former spouses both during marriage and after the dissolution of marriage are considered. The features of the legislative regulation of alimony obligations of spouses in the countries included in the Anglo-Saxon and continental legal systems are analyzed. Attention is focused on the problems of determining the amount of alimony, the term and pro- cedure for the payment of alimony, as well as the grounds for termination of the alimony obligation. The pur- pose of the study is to conduct a comparative legal analysis of the legal regulation of alimony obligations of spouses and former spouses in the Republic of Kazakhstan and in some countries of the world and on the ba- sis of the study to identify shortcomings of legal regulation, to determine further ways to improve domestic legislation. Based on the study of legislation and law enforcement practice on the settlement of disputes on material maintenance between spouses and former spouses, the authors make proposals aimed at improving the family legislation of the Republic of Kazakhstan.
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Tolstikova, Olga, und Olga Kostyunina. „On the Issue of Applying the Civil Law to the Property Relations of Spouses by Analogy“. Academic Law Journal 23, Nr. 1 (25.04.2022): 71–77. http://dx.doi.org/10.17150/1819-0928.2022.23(1).71-77.
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The relationship between the norms of civil and family law in determining the legal status of the property of spouses within the framework of contractual relations is considered. It is noted that due to the novelty of the institution of contractual property relations for Russia, the peculiarities of the Russian citizens’ mentality, expressed in the predominance of the emotional component of marital relations over the rationality of regulating property relations between spouses, the question of the need to establish norms and eliminate gaps, conflicts when choosing a contractual regime of spouses’ relations in Russian law is important. It is argued that the ambiguity in determining the independence of the subject of family law regulation gives rise to contradictions in the implementation of the norms governing contractual relations of family and civil legislation since property disputes between spouses are regulated by family law, which initially follows from the normative prescriptions of Articles 2 and 35 of the Family Code of the Russian Federation, whereas the relations of former spouses go beyond family relations and the norms of the Civil Code of the Russian Federation apply to them. It is concluded that the autonomous regime of regulation of property relations of spouses is more preferable and allows to avoid the participation of the law enforcer in the process of legal regulation, which, in turn, eliminates the need to fi ll in the gaps by analogy of the law. The novelty of the work lies in highlighting additional meanings in the interpretation of the studied norms of the Family Code of the Russian Federation and the formation of the author's point of view on the groups of property relations arising from the regulation of relations that give the right to change the property regime. The study is based on modern doctrinal approaches, taking into account the analysis of scientific hypotheses, law enforcement practice and reviews of opposing legal positions of the courts. A systematic analysis of the structure of the contractual regime in Russian Family law is carried out, other legal structures regulating the property relations of spouses are determined in order to identify gaps in the normative regulation of marriage and other contracts, and ways to solve them are developed.
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Nizamieva, O. N. „Development of Law Enforcement on Cases concerning Legal Regime of Marital Property in Contracts Involving Spouses“. Lex Russica 75, Nr. 8 (26.08.2022): 130–38. http://dx.doi.org/10.17803/1729-5920.2022.189.8.130-138.
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The paper analyzes the development of law enforcement regarding the ability of certain contractual structures to change the legal regime of the marital property. Prior to the introduction of a mandatory notarial form of an agreement on the marital property division (Federal Law No. 391-FZ of December 29, 2015 «On Amendments to Certain Legislative Acts of the Russian Federation») and clarification in paragraph 1 of Article 256 of the Civil Code of the Russian Federation of the type of contract establishing the legal regime of the community property (Federal Law No. 217-FZ of July 19, 2018 «On Amendments to Article 256 of Part One and Part Three of the Civil Code of the Russian Federation»), law enforcement proceeded from the possibility of changing the community property regime (or part thereof) both following a marriage contract and any other agreement (contract) that does not contradict the current legislation. After legislative changes, the Federal Service for State Registration, Cadastre and Cartography, the Ministry of Justice of the Russian Federation and the Supreme Court of the Russian Federation took different positions. In the activities of the Supreme Court of the Russian Federation, there has been a tendency not to qualify the terms of purchase and sale agreements, participation in shared construction and other transactions involving the emergence of shared ownership of spouses as a contract containing elements of an agreement on the community property division or a prenuptial agreement. The discrepancies between the Ministry of Justice of the Russian Federation and the Presidium of the Supreme Court of the Russian Federation on the form of the transaction concluded in fulfillment of the obligation of the recipient of the state certificate for maternal (family) capital to purchase a real estate object in the shared ownership of the second spouse and children are revealed. It is concluded that the dilemma between the freedom of choice of legal forms for the spouses to achieve the desired legal result with minimizing organizational, time and material costs, on the one hand, and ensuring that each of the spouses understands the coming legal consequences (which should be facilitated by notarization of the transaction) on the other hand, should be allowed at the legislative level.
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Ben Khelil, Kawthar. „Transposition of the 2014 European Directives on public procurement by France“. European Journal of Public Procurement Markets 1, Nr. 1 (Oktober 2018): 14–23. http://dx.doi.org/10.54611/nwpx1893.
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The French public procurement code should be published in the next weeks. This project initiated by the French Government gave rise to a public consultation between 23 April and 29 May 2018; it is aimed at grouping together, without any amendments to current rules, all existing provisions relating to public procurement law (all contracts qualifying as public contracts and concessions), according to a consistent plan, in order to make the relevant legal framework clearer and more accessible. As of this day however, French rules relating to the conclusion and performance of public procurement contracts are contained in ordinance (ordonnance) n° 2015-899 of 23 July 2015 relating to public contracts (hereinafter referred to as the “Ordinance”) and its implementation decree (décret), n° 2016-360, of 25 March 2016 (hereinafter referred to as the “Decree”), that have implemented into domestic law the new European directives on public procurement. They entered into force on 1 April 2016. This contribution is aimed at providing an overall presentation of the significant changes resulting from the implementation into French law of EU Directives 2014/24 and 2014/25 without claiming to be exhaustive.
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Pimenova, Ludmila. „FROM THE MONARCHY TREE TO NATION: THE USE OF METAPHORS IN EARLY MODERN FRENCH POLITICAL DISCOURSE“. Odysseus. Man in History 29, Nr. 1 (20.09.2021): 51–68. http://dx.doi.org/10.32608/1607-6184-2021-29-1-51-68.
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The article examines three legal treatises written between the late 16th and late 18th centuries, whose authors used the language of metaphors, analyzing also the way this language was reflected in images. Both jurists and artists tried to demonstrate to their readers and spectators that society was unified and, at the same time, consisted of estates unequal in their status. For this purpose, metaphors of the human body, tree, army, and family were used. Over the period under discussion, the attitude towards metaphors changed significantly. Although the possibility of using the language of metaphors to adequately describe and know society was put into doubt more than once in the 17th and 18th centuries, contemporaries did not abandon this language. In the 18th century, many of the usual metaphors were rethought in Enlightenment literature, as well as in journalism and propaganda texts published on the eve of the French Revolution. The body metaphor received a new interpretation within the framework of the social contract concept, while the image of France as the king’s spouse was transformed into the figure of Marianne the Republic.
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Whittaker, Simon. „Contractual Control and Contractual Review in England and France“. European Review of Private Law 13, Issue 6 (01.12.2005): 757–78. http://dx.doi.org/10.54648/erpl2005048.
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In this article, the author looks at two very different techniques for the control of the terms on which contracts are made. The first technique consists of the insertion of contract terms into the contract directly by law or by standard conditions set by public authorities or, less directly, as a result of a regulatory regime set up for the conduct of the business in the course of which the contracts are made. The second technique ? familiar to all European lawyers from Article 7 of the EC Directive on unfair terms in consumer contracts ? consists of the policing of unfair terms by public or private bodies taking preventative measures, whether judicial or extra-judicial. The author then looks at the interaction between these two types of control in the exclusion from judicial review by Article 1(2) of the Directive of contract terms ?which reflect mandatory statutory or regulatory provisions?. These issues are discussed from the point of view of English and of French law, examining their different choices in implementing the EC Directive, and contrasting the different mixtures of public and private law ways of thinking which are revealed.
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Pezon, Christelle. „How the Compagnie Générale des Eaux survived the end of concession contracts in France 100 years ago“. Water Policy 13, Nr. 2 (18.06.2010): 178–86. http://dx.doi.org/10.2166/wp.2010.049.
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The end of the nineteenth century coincided with the end of concession contracts as a desirable option for French municipalities to organise their water services. An increasing number of disagreements between municipalities and their water concessionaires were brought to administrative courts, while the most difficult cases went to the French Supreme Court, the Conseil d'Etat. All cases dealt with the same issue: the conditions to renegotiate and/or terminate concession contracts. The Compagnie Générale des Eaux, the biggest French water company, lost its biggest concession contracts and had to negotiate new contractual arrangements to survive.
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Salimov, A. S., und S. V. Voronina. „QUALIFICATION OF CONTESTED FAMILY LEGAL ACTIONS IN THE BANKRUPTCY CASE OF A CITIZEN“. Russian-Asian Legal Journal, Nr. 4 (28.12.2021): 34–38. http://dx.doi.org/10.14258/ralj(2021)4.7.
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Ransactions and fulfillment of obligations and obligations arising in accordance with family law arethe subject of judicial challenge at the request of a financial manager acting in the interests of creditors inthe bankruptcy of a citizen. Science and the law do not consider the grounds for the invalidity of actions forthe execution of transactions. The family-legal actions of a debtor-citizen based on an agreement between spouses, parents and judicial acts on the division of common property and the recovery of alimony are subjectto challenge on the grounds provided for by the norms of the Civil Code of the law and the bankruptcy lawon the invalidity of transactions only for the convenience of law enforcement. The actions of spouses andparents to dispose of their property rights and obligations arising from family legislation are either familylaw contracts (agreements) or actions to fulfill the obligations provided for by the Family Code. The correctqualification of the debtor’s family legal actions determines the quality of law-making, understanding of theactual meaning of legal norms and the exact fulfillment of their prescriptions.
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Mazé, Armelle. „Retailers' branding strategies: Contract design, organisational change and learning“. Journal on Chain and Network Science 2, Nr. 1 (01.06.2002): 33–45. http://dx.doi.org/10.3920/jcns2002.x016.
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This article analyses the recent development by some large retailers in France of dedicated Quality Supply Chains for their food products. The major contractual innovation rests on the design of tripartite contracts between a retailer, agro-food firms and farmers' associations. In contrast to mainstream contract literature, we demonstrate that contract adaptations may reflect a mutual learning process between contractors: why do transactors write explicit contracts that they know cannot be court enforced? Empirical data are based on the joint analysis of a full set of contracts between one retailer and all its beef suppliers, and their diachronic evolution before and after the BSE crisis (the period 1993-2000). Contract design and organisational changes at the retailer level are shown to be strongly interrelated.
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Serdechna, I. „Marriage agreement and inheritance agreement: comparative legal analysis“. Analytical and Comparative Jurisprudence, Nr. 1 (20.03.2024): 234–38. http://dx.doi.org/10.24144/2788-6018.2024.01.40.
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In the scientific article the author conducted a comparative legal analysis between a marriage contract and an inheritance contract. The concept, legal nature, peculiarities of concluding and terminating a marriage contract and an inheritance contract were investigated.
The possibility of contractual regulation of civil and family legal relations is defined in the family and civil legislation. According to the Civil Code of Ukraine, the parties have the right to regulate their relations in the contract at their own discretion and may depart from the provisions of acts of civil legislation (Article 6 of the Civil Code of Ukraine). The Family Code of Ukraine defines the participants in family relations who can regulate their relations by agreement.
The Family Code of Ukraine and the Civil Code of Ukraine clearly regulate the marriage contract and inheritance contract, the doctrine has sufficiently extensively researched the issue of the essence of these contracts, however, in the article we will focus on identifying the common and distinctive features characteristic of these contracts.
As a result of the relationship between the marriage contract and the inheritance contract, we will highlight common features: the principle of freedom of contract applies to the conclusion of contracts; when concluding a contract, the parties create rights and obligations for themselves; married couple may be a party to a marriage and inheritance contract; the subject of the contract is joint and personal partial ownership. Distinctive features are that, in addition to the spouses, the marriage contract can be concluded between the married couple, and according to the inheritance contract, the alienator, in addition to the spouse, of one of them, can be another person, and the acquirer can be a physical or legal entity; the form for both contracts is provided in writing and is subject to notarization, however, additionally, the inheritance contract is subject to state registration in the Inheritance Register in order; the content of the studied contracts is significantly different, as they generate different legal consequences for the participants of the legal relationship.
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Tay, Charles. „Satellite Launch and Production Services and Arbitration in the Chinese Private Sector“. Journal of International Arbitration 39, Issue 6 (01.12.2022): 775–816. http://dx.doi.org/10.54648/joia2022034.
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China has grown to become one of the largest producers and launchers of rockets and satellites in recent years. Both Chinese private companies and state-owned enterprises (SOEs) are in this sector, and there are reports of satellite launch and sale contracts being signed between Chinese and foreign parties. Over the past decade, South Korea, India, the United States, France and other countries have had experience with very large arbitration claims being made arising from satellite contracts. Chinese companies have not yet had such arbitrations, but they may in the future. What likely issues might such arbitrations involve? This article examines. Arbitration, commercial space contracts, satellites, launch services, production services, China, Belt and Road
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Hussain, Bilal, Hafiz Ghulam Abbas und Khalid Hussain. „Legal Competency for Marriage: In an Islamic and Pakistan Law Perspective“. Al-Aijaz Research Journal of Islamic Studies & Humanities 6, Nr. 1 (24.03.2022): 12–24. http://dx.doi.org/10.53575/e2.v6.01.(22)12-24.
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Marriage in Islam is more contractual ('aqd') in nature than ceremonial or sacramental. This esteemed tie-up of spouses conveys legal rights and obligations to each spouse. The fabric of society is made up of family institutions. Islam places high value on establishing a balanced, well-behaved relationship between spouses for a happy home. Islamic jurisprudence considered its primary purpose to be to make intercourse lawful and to legitimate the resulting offspring in a matrimonial contract. For its formation, specific competency is required, including physical and intellectual. Islamic law defined the jurisprudential basis for marriage capacity and pended its determination on interpretation. It concerns gender, age, mental capacity, religion, relationship with each other, marital status, etc. The ultramodern way of life and the advancement of technological and scientific achievements have introduced alarming changes in family relationships also. Lack of a jurisprudential approach to marriage leads to imbalanced marriage contracts and results in disturbed marital life as well as for the children, the future generations. A jurisprudential approach to marriage contracts will resolve present contemporary issues such as child marriage, forced marriage, and polygamy. The current study looks at marriage competency through the lens of Islamic injunctions. It emphasizes the fundamental regulations governing the legality of marriage contract. This paper examines the legal capacity for marriage and outline the requirements for a marriage contract to achieve its true objectives. It also leads to increased success factors in marriage and fewer breakdowns in Pakistan. Furthermore, this study also analyzes the contemporary juridical approach to the marriage contract. It, finally, brings recommendations to review the marriage laws of Pakistan. This paper follows qualitative and descriptive research methodology along with an analytical research method.
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Menzhul, M. V., und L. D. Nechiporuk. „Implementation of European approaches in reforming the institution of separation in Ukraine“. Uzhhorod National University Herald. Series: Law 1, Nr. 82 (16.05.2024): 296–99. http://dx.doi.org/10.24144/2307-3322.2024.82.1.46.
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The article examines the possibility of introducing European approaches in the process of updating the institution of separate residence of spouses. The experience of European states regarding the regulation of the institution of separation (France, Portugal, Belgium, the Netherlands, Poland, etc.) is clarified in a comparative aspect. Three main approaches to the regulation of the legal regime of separate residence of spouses in foreign countries are singled out: an approach in which the independence of the institution of separation and termination of marriage is preserved; an approach in which the grounds for separation and divorce are the same, so the spouses can choose one of the specified two models; an approach in which dissolution of marriage depends on separation, which must precede termination of marriage. Two approaches in the world regarding the contractual method of establishing a regime of separate residence have been clarified, in particular. The common and distinctive features between separation and the actual termination of marital relations, as well as divorce, have been clarified. The judicial practice in cases of establishing the actual termination of marital relations, separation, as well as the termination of the regime of separate residence of spouses has been analyzed. The position of the Supreme Court regarding consideration of counterclaims for establishment of separation is noted. The need to settle the issue of the place of residence of spouses and children when the regime of separate residence of spouses is established, and the issue of child support, has been clarified. It is substantiated that in the process of Europeanization of the provisions of the Civil Code of Ukraine, it is necessary to provide norms that would provide that during the establishment of the regime of separate residence of the spouses, the rights of children are properly protected and the best interests of the child are taken into account. Other issues related to the rights and responsibilities of husband and wife as spouses can be settled by agreement if they wish. Corresponding changes to the Civil Code of Ukraine have been proposed to provide for a contractual procedure for establishing separation and proper protection of the best interests of the child.
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Taylor, Simon. „Legal Ignorance: France“. European Review of Private Law 29, Issue 2 (01.04.2021): 223–52. http://dx.doi.org/10.54648/erpl2021013.
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This contribution considers the role of legal ignorance in French private law. After a short description of how the issue of legal ignorance has been approached by French academic writers, the article focuses on three areas: the law of contract, limitation periods and tort law. With respect to contracts, the article demonstrates that ignorance of the law has principally been approached through the perspective of contractual consent. The study considers the extent to which ignorance of the law can vitiate contractual consent before turning to examine the role played by informational duties in strengthening contracting parties’ rights in the event of legal ignorance. The study then looks at how legal ignorance can impact on the application of limitation periods. This includes examining the issue of whether the fact that a new type of claim has only recently been recognized by the courts should mean that the starting point for the limitation period should only run from that moment. On the role of legal ignorance in tort law, the contribution in particular highlights the link between legal ignorance and issues relating to the retroactivity of case law rules. The article concludes by considering the prospects for legal change in this area.
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Nikina, Anna, Lois M. Shelton und Séverine LeLoarne. „An examination of how husbands, as key stakeholders, impact the success of women entrepreneurs“. Journal of Small Business and Enterprise Development 22, Nr. 1 (16.02.2015): 38–62. http://dx.doi.org/10.1108/jsbed-01-2012-0002.
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Purpose – The purpose of this paper is to explore: How do changes in the role of the husband affect the marriage of a woman entrepreneur? How do changes in the marriage affect the woman entrepreneur and her relationship with her business? Design/methodology/approach – A novel theoretical approach based on marriage contract theory, gender role ideology and psychological contracts was used. Qualitative methodology included analysis of multiple cases based on rich interview data gathered from 12 Scandinavian couples. Findings – Research revealed that the pattern of dominance between the husband and wife, the gender role ideologies of the two spouses, and the interaction between this pattern and the gender role ideologies, and overall level of marital harmony were key determinants of husbands’ spousal support. Research limitations/implications – Sample size and geographical limitations. Future research: exploring other cultural settings, further application of marriage and psychological contracts in female entrepreneurship; studies of the impact areas of the husband in the wife’s business – also from the perspective of implicit contracts. Practical implications – Research sheds light on how women run their businesses and how the changing roles of the spouse alter marriage dynamics and influence the wife-business relationship. Social implications – Findings benefit female entrepreneurs considering the launch of a business, couples in which the wife currently owns a business, state and governmental policymakers, business consultants, and entrepreneurship instructors. These findings can help couples better prepare for the demands of entrepreneurship. Originality/value – For scholars: expanded understanding of the work-family interface of female entrepreneurs via novel theoretical approach. For business practitioners: understanding the impact of a spouse on life and career of female entrepreneur.
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LITWIN, HOWARD, und CLAUDINE ATTIAS-DONFUT. „The inter-relationship between formal and informal care: a study in France and Israel“. Ageing and Society 29, Nr. 1 (10.12.2008): 71–91. http://dx.doi.org/10.1017/s0144686x08007666.
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ABSTRACTThis study examined whether formal care services delivered to frail older people's homes in France and Israel substitute for or complement informal support. The two countries have comparable family welfare systems but many historical, cultural and religious differences. Data for the respondents aged 75 or more years at the first wave of the Survey of Health, Ageing and Retirement in Europe (SHARE) were analysed. Regressions were examined of three patterns of care from outside the household: informal support only, formal support only and both formal and informal care, with the predictor variables including whether informal help was provided by a family member living in the household. The results revealed that about one-half of the respondents received no help at all (France 51%, Israel 55%), about one-tenth received care from a household member (France 8%, Israel 10%), and one-third were helped by informal carers from outside the household (France 34%, Israel 33%). More French respondents (35%) received formal care services at home than Israelis (27%). Most predictors of the care patterns were similar in the two countries. The analysis showed that complementarity is a common outcome of the co-existence of formal and informal care, and that mixed provision occurs more frequently in situations of greater need. It is also shown that spouse care-givers had less formal home-care supports than either co-resident children or other family care-givers. Even so, spouses, children and other family care-givers all had considerable support from formal home-delivered care.
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Portier, Philippe. „LAICITY AND WOMEN’S RIGHTS. EQUALITY AND DIFFERENCE IN CONTEMPORARY FRANCE“. POLITICS AND RELIGION IN EUROPE 9, Nr. 2 (27.12.2015): 197–211. http://dx.doi.org/10.54561/prj0902197p.
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It is common practice to defend the idea that by separating, in 1880s-1905, the State from the Churches, in particular from the Roman Catholic Church, the French Republic has opened the way to the feminine emancipation. The return to the history tilts us to propose a more diffentiating interpretation. The influence of the laicity is, in France, by no means unambiguous: according to periods, the Republic adopted varied public policies towards women. This article presents a diachronic modelling, envisaged from the dialectic of the equality and the difference, of these policies. It spots a first period, 1880 till 1960, during which remains a hierarchical formula maintaining women in a status of inferiority ; between 1960 and 1990, the equality spouses with the religious difference; from 1990, under the influence of the controversy around the “ Muslim question “, France enter a more universalist model, in which the assertion of women’s rights comes along with a relative denial of the religious difference.
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Yavor, Olga, und Tetyana Kirichenko. „Legal grounds for recognition of marriage and marriage agreement as fictitious“. ScienceRise: Juridical Science, Nr. 1(27) (31.03.2024): 36–43. http://dx.doi.org/10.15587/2523-4153.2024.301251.
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The relevance of the research topic is connected with the fact that marriage and family relations are of the most importance for society. A person's health, well-being, ability to work, and his/her relationship with other members of society depend on family relationships. Today, it is important for the development of law to establish in people's minds the possibility and sometimes even the necessity of concluding marriage contracts, because it makes it possible to discover the reality of the intention of the other spouse, in order to avoid problems with the division of property. But this is possible only if there are available and understandable rules and the mutual desire of both parties. Conducting scientific research makes it possible to identify problematic points and propose more profitable legal mechanisms for the regulation of social relations. The most common and, at the same time, the most complex category are disputes over the recognition of marriage contracts as invalid. In the process of their consideration, many questions arise, the answers to which are missing both in the legislation and in the explanations of the Supreme Court of Ukraine. The situation is complicated by the fact that it is new for law enforcement practice and this category of cases has a certain specificity. In law enforcement, ambiguities arise when resolving cases of invalidity of marriage and application of the consequences of invalidity. There is no uniformity when deciding the issue of persons who have the right to challenge in court a fictitious marriage, another invalid marriage or the abuse of the right. Ambiguities concern the procedure for invalidating a dissolved marriage, concluded with a violation of the degree of consanguinity or in the presence of another registered marriage; approaches to the regulation of relations regarding the exercise of the rights of persons who are or were in an invalid marriage; regulation of contractual relations of persons who entered into civil and family legal relations with them. In the scientific literature, the criteria of invalidity, the grounds and consequences of the invalidity of a fictitious marriage, as well as the common and different between the invalidity of a marriage and an invalid agreement are not sufficiently presented, the concept and content of the invalidity of a marriage contract are not developed. It became necessary to distinguish between persons who are in an invalid marriage and persons whose marriage has been declared invalid. Persons who are in an invalid marriage should be recognized as fictitious spouses. The spouses (or one of them) know that they are in an invalid marriage, but before it is contested, there is a fiction of reality, that is, they (or one of them) create for all other persons the appearance of the reality of marriage, a false idea of marriage. However, according to the legislation of Ukraine, these persons are spouses. Persons whose marriage is declared invalid due to their (one of them) violation of the conditions for the validity of marriage and obstacles are unfaithful spouses. A fictitious marriage can be grounds for invalidating a marriage contract
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Bano, Elona, und Edmond Ahmeti. „Legal Nature of Concessionaire and Public-Private Partnership Contracts“. Journal of Legal Studies 31, Nr. 45 (18.05.2023): 1–16. http://dx.doi.org/10.2478/jles-2023-0001.
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Abstract This paper aims to analyze the legal nature of concessionaire and PPP contract in Albanian Legislation and through the perspective of European legislation analyzing mainly the Italian and French legislation and doctrine in this area. The main hypothesis that this paper aims to address is related to the fact, if it is enough to categorize these kinds of contracts with a hybrid status between public and private law, or the fact that so many countries appellate more and more to the concessionaire and PPP contracts is the momentum to create a separate law discipline as so many universities in France, USA, Japan do. Also, this paper aims to make a comparative study of Albanian legislation in the area of concessionaire and PPP contracts with the European legislation being the fact that for Albania this is a new area, and is a considerable lake of doctrine and legal studies that analyze the specifics and characteristics of such kind of contracts, putting at the last instance not only the Albanian contractual authorities but also the national courts in difficulties of implementation and interpretation.
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Vagina, І. „Foreign experience of legal regulation of the conclusion of contracts between mother, father and children“. Uzhhorod National University Herald. Series: Law 1, Nr. 75 (22.03.2023): 161–66. http://dx.doi.org/10.24144/2307-3322.2022.75.1.26.
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In the scientific article, the author conducted a scientific study of the foreign experience of legal regulation of contractual relations between mother, father, and child, including under the legislation of the European Union states. Based on the conducted research, the author concluded that the legal regulation of the conclusion of contracts between the mother, father, and child under the legislation of the European Union states is mainly carried out through the determination of the possibility of concluding contracts, without clarifying the provisions on their form and essential conditions. In particular, the possibility of concluding a "statement on the exercise of parental rights" ("agreement of parents on establishing the procedure for the exercise of parental rights and determining contributions for the maintenance and upbringing of a child") under French civil law is defined in this way; "agreements on the method of providing maintenance" and "applications for acceptance of parental care" under German civil law; relevant agreements under the legislation of Latvia (agreement of parents: on determining the child's surname, cancellation of adoption, on establishing joint or separate parental care of the child, on establishing the terms of communication with the child of the parent who lives separately), Estonia (agreement on the fulfillment of the obligation parents regarding child maintenance), Czech Republic (agreements: on establishing paternity, on exercising mutual parental rights and responsibilities, on establishing the terms of communication with the child of the parent who lives separately from the child, on managing the child's property, on exercising parental rights and responsibilities after divorce, about the payment of alimony), Poland ("declaration of the spouses about the child's surname", "agreement on how to exercise parental responsibility and maintain contact with the child, in accordance with the best interests of the child"), "agreement on the rules for determining contact between parents and children"), Bulgaria (agreement on the place of residence of children, parentage, personal relationships, etc child support). The legislation of these countries (except Bulgaria) limits the possibility of regulating relations between parents and children by a marriage contract; Czech and Polish legislation also allows the conclusion of alimony contracts regarding the maintenance of children of their incapacitated parents. Hungarian civil and Moldovan family legislation more broadly define the essential conditions and form of contracts between parents and children, primarily regarding the contract on providing maintenance to a participant in family relations and the contract on communication with the child. In the author's opinion, the experience of these states should be borrowed, and the same detailed regulation provided for in the Family Code of Ukraine.
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Defeuilley, Christophe. „Holdups and Non-standard Breach Remedies in Delegation Contracts“. Recherches économiques de Louvain 65, Nr. 3 (1999): 349–71. http://dx.doi.org/10.1017/s0770451800009933.
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SummaryA vast literature is devoted to assess the Transactional Approach in several empirical fields. Common to all these studies is the testing of transactional approach conjectures from the standpoint of private contractual relationships. The aim of this paper is to explore the relevance of Transaction Cost Theory in the French administrative legal context. The paper examines the delegation contracts used to manage the provision of urban services in France. The paper shows that (1) these delegation contracts can be considered as self-enforcing agreements (2) they do not operate in “the shadow of the law ” (3) they feature strong adaptive capabilities. A distinction is made between non-standard contractual arrangements and hybrid governance modes.
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Kostiashkin, I. O. „ON THE QUESTION OF THE GROUNDS FOR FAMILY RELATIONS IN LEGAL DOCTRINE“. Actual problems of native jurisprudence 3, Nr. 3 (Juni 2021): 64–69. http://dx.doi.org/10.15421/392150.
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In the scientific article the author considers the question of the grounds for the emergence of family relations in the family law doctrine. On the basis of the conducted research in the scientific article it is established that there are the following bases of occurrence of family relations, family rights and duties of participants of these relations: 1) lawful legal actions: the emergence of a de facto marriage; leaving the family in connection with the establishment of a separate residence of the spouses; non-removal of the child from the maternity hospital by the parents; acquisition of property; concluding an agreement between the parents on the child's place of residence; adoption of a child; adoption; state registration of marriage or residence by one family without marriage between the child's father (mother) and stepmother (stepfather); 2) illegal legal actions: marriage to a person who is already married; evasion of alimony; concluding a fictitious marriage; non-fulfillment of the obligation to register the child; nonsupport; refusal to grant permission for the child to go abroad without sufficient grounds; 3) legal actions to achieve the legal consequences of which require compliance with the procedure: marriage, voluntary recognition of paternity, adoption, divorce, marriage contract; 4) legal acts (transactions, including family contracts, administrative acts, including bodies of state registration of civil status, court decisions on granting the right to marry between the adopter's own child and the adopted child, as well as between children who have been adopted court decision to declare the marriage invalid, etc.); 5) legal events: the birth of a child or the death of a person; the child reaches a certain age; declaring a person dead. A variety of legal events in family law are also recognized terms established by law, contract of the parties or court decision; 6) legal status: kinship, kinship, pregnancy, incapacity for work, cohabitation, paternity, etc .; 7) legal fictions: recognition of marriage as invalid or unconcluded; recognition of property acquired during the marriage as joint joint property of the spouses; establishment of the regime of separate residence of the spouses; determining the origin of a child born as a result of the use of assisted reproductive technologies.
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Piechucka, Joanna. „Design of Regulatory Contracts – Example of the Urban Transport Industry“. Yearbook of Antitrust and Regulatory Studies 9, Nr. 13 (2016): 121–39. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.13.6.
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The present article discusses economic issues related to the design of optimal regulatory contracts on the example of the urban public transport industry. It highlights the importance of the design of efficient regulatory contracts in the context of changes facing the urban transportation industry in the European Union. Furthermore, it provides an overview of the main issues put forward in economic literature related to the design of regulatory contracts. It discusses several problems relevant in this context such as informational asymmetries, transaction costs, and regulatory capture. It also comments on a selection of views presented in economic literature dealing with these issues. Finally, the article presents the regulatory framework, contractual practices and characteristics of the French urban public transport industry. France is well known for its long standing tradition of contracting between the State and the private sector in transportation. The analysis of the French example may help to prove useful insights in this regard.
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Martini, Manuela. „When Unpaid Workers Need a Legal Status: Family Workers and Reforms to Labour Rights in Twentieth-Century France“. International Review of Social History 59, Nr. 2 (09.05.2014): 247–78. http://dx.doi.org/10.1017/s0020859014000145.
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AbstractIn the second half of the twentieth century small family businesses were still widespread in France. An important reason for this resilience was the share of unpaid work performed by kin in producing for the market. The unpaid work of family members in a range of craft and commercial family businesses – particularly by spouses, sons, and daughters – contributed to both the survival of the businesses and the well-being of the families, as is testified to in numerous sources, albeit statistically undocumented. Although social rights in France are considered to be some of the most advanced in Europe, the French Parliament was extremely slow to define the legal status of these family workers. It was not until 1982 that a law was finally enacted to bestow occupational status on collaborating spouses and to define a procedure optionally to register this unpaid work and to secure social security benefits for those carrying it out. This article focuses on the process that led to a new definition of the demarcation between the marital duty to assist, and work that exceeds this moral and legal obligation, thus creating a legal right to be compensated. Two empirical perspectives, involving an analysis of the reasons behind the shifting position of trade associations on this issue, and an assessment of the influence of long-standing gendered institutions, such as marital authority, on the formal and informal rules regulating family business are used to illustrate this slow and tortuous process of acquiring occupational rights for family workers.
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Chen, Lingling. „Judicial Differences and Countermeasures on Division of Unregistered Houses with Joint Investment by Spouse in Divorce Proceedings“. Frontiers in Humanities and Social Sciences 3, Nr. 7 (22.07.2023): 61–72. http://dx.doi.org/10.54691/fhss.v3i7.5301.
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The difficulty of judicial trial is how to divide the unregistered property jointly invested by the couple when they divorce. Analysis of 383 cases of division of unregistered houses jointly funded by spouses in divorce reveals that regarding the request for the division of a house jointly invested by the couple but not registered, the court has ruled not to divide, but also has ruled division of management and use rights or division of ownership. The decision is not divided and cannot achieve the effect of judicial division and dispute resolution, and its application should be strictly restricted; The ruling on the division of rights and interests under unregistered housing related contracts lacks legal reference, and judicial interpretations should be supplemented as a formal basis; There is a reasonable application space for division of management and use rights or division of ownership, and the specific application situations should be summarized based on judicial practice to coordinate the conflict of application between the two.
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Saydivalieva, Khurshida. „PECULIARITIES OF REGULATION IN FOREIGN COUNTRIES OF FAMILY RELATIONS AND FAMILY LAW CONTRACTS“. Review of Law Sciences 7, Nr. 2 (26.06.2023): 49–60. http://dx.doi.org/10.51788/tsul.rols.2023.7.2./ibtf2559.
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The family is the primary social group based on official marriage between a man and a woman, formed by the relationship between parents and children, supported by the moral norms and rules of society, passing on human culture to the next generation and developing it. Today, special attention is paid to improving the social, economic, and legal foundations for strengthening this institution. Issues such as marriage and family relations, the protection of mutual property and personal non-property rights of family members, and the fulfillment of family obligations are considered topical. At the same time, despite the fact that the family law contract is of particular importance as a means of regulating family relations, it is noted that it is concluded to a lesser extent among spouses. In this regard, questions arise that need to be studied and researched in the theory of family law. The use of dispositive mechanisms in the regulation of family relations and the study of practice in this regard are also considered important. In particular, along with issues related to the concept, content, types, classification, and legal nature of family law contracts, it is important to study the originality of family law relations in foreign countries and the role and form of family contracts based on a comparative legal analysis. There is not enough research in the scientific literature regarding the family law contract, its legal nature, types, and classification. The article analyzes such issues as the types of family law agreements in foreign countries and the relations that are regulated by them, as well as judicial practice. As a result of a comparative analysis, the author focuses on the role of the family contract in the regulation of family relations, and based on the results of the analysis, conclusions and suggestions are made.
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Mykhalniuk, O. V. „Divorce Agreements: Certain Theoretical and Practical Aspects“. Legal horizons, Nr. 18 (2019): 28–33. http://dx.doi.org/10.21272/legalhorizons.2019.i18.p28.
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The article deals with the problems of contractual regulation of the relationship between spouses in the process of divorce, determination of the terms of agreements on the maintenance, and the upbringing of children in the order according to Art. 109 Family Code of Ukraine, identification of contractual forms for settlement of other issues arising in the process of divorce, namely: division of property, separation of shares from the joint property of spouses, use of joint property, provision of housing interests of children, etc. Considerable attention was paid to the issues of improvement of Art. 109 of the Family Code of Ukraine. The view is expressed that the husband and wife, resolving the issue of divorce by mutual consent according to Art. 109 of the Family Code of Ukraine, are obliged on a contractual basis to determine the living conditions of children after divorce, by concluding two types of agreements: the agreement on the exercise of parental rights and obligations (Part 1 of Article 109 of the Family Code); the agreement on the maintenance of the child to those of the parents who live separately or the agreement on the discontinuation of the right to alimony in exchange for the acquisition of ownership of real estate (Part 2 of Article 109 of the Family Code of Ukraine). It is also argued that a spouse in the divorce process may enter into a single agreement, combining the terms of both agreements (on maintenance and on upbringing). The main characteristic of the agreement on discontinuation of the right to alimony in exchange for the acquisition of the property right for real estate with the purpose of securing the housing rights of the children in divorce is investigated. Given the need to resolve on a contractual basis a wide range of divorced life issues, it is proposed to consider family law agreements in the process of divorce in a narrow and broad sense. The article also analyzes the practical prerequisites for implementation a single comprehensive divorce agreement into the legislation of Ukraine, as well as proposes to distinguish it from the marriage contract in the case of divorce. Keywords: divorce, simplified divorce procedure, contracts between spouses, upbringing and maintenance of children, discontinuation of the right to alimony.
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Raboisson, Didier, Ahmed Ferchiou, Tifenn Corre, Sylvain Perez, Pierre Sans, Guillaume Lhermie und Marie Dervillé. „Could Contracts between Pharmaceutical Firms and French Veterinarians Bias Prescription Behaviour: A Principal-Agency Theory Approach in the Context of Oligopolies“. Antibiotics 10, Nr. 2 (10.02.2021): 176. http://dx.doi.org/10.3390/antibiotics10020176.
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In France, veterinarians can both prescribe and deliver veterinary medicines, which is a questionable situation from the perspective of antimicrobial use (AMU) reduction to avoid antimicrobial resistance (AMR). This situation places veterinarians in direct commercial relationships with the pharmaceutical industry as purchase contracts are signed between veterinarians and pharmaceutical companies. The aim of the present work is to analyse the relationships between veterinarians and pharmaceutical firms in the oligopoly market context of French veterinary medicine to determine whether the prescription behaviour of practitioners can be biased by joint prescription and delivery. Therefore, we develop an analysis based on principal-agent theory. Contracts between pharmaceutical companies and veterinarians during the 2008–2014 period were analysed based on 382 contracts related to 47 drugs belonging to eight main pharmaceutical firms (2320 observations). The price per unit after rebate of each drug and contract was calculated. The descriptive analysis demonstrated high disparity among the contracts across pharmaceutical firms with regard to the provisions of the contracts and how they are presented. Then, linear regression was used to explain the price per unit after rebate based on the explanatory variables, which included the yearly purchase objective, year, type of drug and type of rebate. The decrease in price per unit after rebate for each extra €1000 purchase objective per drug category was established to be €0.061 per 100 kg body weight for anticoccidiosis treatments, €0.029 per 100 kg body weight for anti-inflammatories, €0.0125 per 100 kg body weight and €0.0845 per animal for antiparasitics, and €0.031 per animal for intramammary antimicrobials. Applying agency theory reveals that veterinarians can be considered agents in the case of monopolistic situations involving pharmaceutical firms; otherwise, veterinarians are considered principals (oligopolistic situations in which at least several medicines have similar indications). The present study does not provide evidence suggesting that joint prescription and delivery may introduce any potential prescription bias linked to conflicts of interest under the market conditions during the 2008–2014 period.
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Brée, Sandra. „Re-reading the history of divorces in terms of territories (France, 1884-1913)“. Quetelet Journal 8, Nr. 1 (14.12.2021): 103–38. http://dx.doi.org/10.14428/rqj2020.08.01.04.
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This paper proposes a re-reading of the history of divorces from the re-establishment of divorce in France in 1884 until the eve of the First World War, by distinguishing three major territories: the urban population, the rural population and the Department of the Seine. To refine the analysis, we will add data distinguishing Paris from its suburbs, within the Seine Department. The interest of the analysis, beyond measuring the level of divorces in these territories, is to answer the question of the homogenisation of divorce behaviour between 1884 and 1913. The available sources also provide details on divorces, which are generally unavailable outside the national level, such as which spouse obtained the divorce, the reason for the divorce, the length of the marriage, the age and age difference between the two spouses, and the number of children of divorced couples. In addition to measuring the levels of divorces in these territories, the aim will therefore be to find out whether the characteristics of divorces are the same in the urban and rural populations and in the Seine Department and, if not, to try to understand why they diverge.
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Ghashghaei, Leila, und Ali Ravanan. „A Comparative Study on the Role of the Electronic Commerce Act in Remote Transactions and Its Effect on Compensation from Iran and France Legal Perspective“. Journal of Politics and Law 10, Nr. 2 (28.02.2017): 146. http://dx.doi.org/10.5539/jpl.v10n2p146.
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Legal implications in various fields of e-commerce transactions are described by means of e-commerce from one of the parties and through the transaction implemented by Internet. Online contracts are a manifestation of true innovation in the field of traditional legal agreements. The main issue of concern is the lack of tools has traditionally been used to express the will of the contract.The lack of legal grounds to use in e-commerce, such as: Expert of judges, the admissibility of electronic documents, electronic signatures, the principle of good faith, law of consumer protection, commercial and competition law and how to compensate both material and spiritual is the most important challenge of the country's legislative system. The most important distinction between the Iranian and French law is on the implementation of its damage compensation that in French law is detailed discussions covering the damages due to breach of contract litigation is not compensable.But the other hand, moral damages, such as mental anxiety, loss of credibility and like that is compensable, while this is not done in Iran. Experience of law between Iran and France showed a weak pattern in consumer protection in e-commerce contracts. In this cross-sectional study to evaluate the role of trade in remote transactions and its effect on Iran and France in damage compensation from the legal perspective.
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Franken, Margreet, Maïté le Polain, Irina Cleemput und Marc Koopmanschap. „SIMILARITIES AND DIFFERENCES BETWEEN FIVE EUROPEAN DRUG REIMBURSEMENT SYSTEMS“. International Journal of Technology Assessment in Health Care 28, Nr. 4 (19.09.2012): 349–57. http://dx.doi.org/10.1017/s0266462312000530.
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Objectives: The aim of our study is to compare five European drug reimbursement systems, describe similarities and differences, and obtain insight into their strengths and weaknesses and formulate policy recommendations.Methods: We used the analytical Hutton Framework to assess in detail drug reimbursement systems in Austria, Belgium, France, the Netherlands, and Sweden. We investigated policy documents, explored literature, and conducted fifty-seven interviews with relevant stakeholders.Results: All systems aim to balance three main objectives: system sustainability, equity and quality of care. System impact, however, is mainly assessed by drug expenditure. A national reimbursement agency evaluates reimbursement requests on a case-by-case basis. The minister has discretionary power to alter the reimbursement advice in Belgium, France, and the Netherlands. All systems make efforts to increase transparency in the decision-making process but none uses formal hierarchical reimbursement criteria nor applies a cost-effectiveness threshold value. Policies to deal with uncertainty vary: financial risk-sharing by price/volume contracts (France, Belgium) versus coverage with evidence development (Sweden, the Netherlands). Although case-by-case revisions are embedded in some systems for specific groups of drugs, systematic (group) revisions are limited.Conclusions: As shared strengths, all systems have clear objectives reflected in reimbursement criteria and all are prepared to pay for drugs with sufficient added value. However, all systems could improve the transparency of the decision-making process; especially appraisal lacks transparency. Systems could increase the use of (systematic) revisions and could make better use of HTA (among others cost-effectiveness) to obtain value for money and ensure system sustainability.
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Taylor, Trevor. „Defence industries in international relations“. Review of International Studies 16, Nr. 1 (Januar 1990): 59–73. http://dx.doi.org/10.1017/s0260210500112641.
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While the threat and use of force remain elements or even possibilities in world affairs, the political importance of the defence industries will be substantial. Defence industries must be viewed as significant because of the contribution that they make to allowing states to deter attack and to use force. But they also have an economic and technological significance. In the UK, France and the US, defence equipment represents about 10 per cent of total manufacturing output. Equipment orders from home and abroad provide employment for around 500,000 people in the UK, at least 300,000 in France, and over two million in the US. The US Department of Defence, the Pentagon, employs 134,000 people just to procure equipment worth about $130 billion involving 15 million contracts a year. Defence equipment is big business and is particularly important today in the aerospace, electronics and shipbuilding sectors. Between a quarter and a third of professional technologists and scientists in Britain, France and the US work in the defence sector.
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Slesarev, V. L., und V. D. Kravets. „A Contract for Rendering Paid Services in the Civil Law of Russia and France“. Lex Russica 76, Nr. 4 (20.04.2023): 61–74. http://dx.doi.org/10.17803/1729-5920.2023.197.4.061-074.
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The paper provides a comparative legal research on the regulation of relations for rendering paid services under civil laws of Russia and France. The authors note the significant influence of Roman private law on the formation of legal regulation of the relations under consideration in France. The paper explores the problems of differentiating legal regimes of works and services, as well as the admissibility of their convergence. It also analyzes the possibility of involving third parties in the performance of a contract for rendering paid services and pecularities of its termination, including termination in the case of impossibility of execution. The relevance of the research is explained by the fact that Russian legislation and law enforcement practice lack comprehensive criteria for differentiating between works and services, which affects the legal qualification of relations under consideration. In order to find a solution to this problem and ways to improve the quality of legal regulation of relations of providing paid services, the authors turn to the study of the French law and order. The authors come to the conclusion that French legislation allows for the convergence of legal and economic concepts of services. This approach makes it possible to combine into a special group all known contracts related to useful economic activity in favor of the customer, as well as to approach the issue of interrelation between the contract for rendering paid services and the works contracts. The analysis of the concept and legal regime of works and services allows us to distinguish two features — legal and factual — inherent in the works contract and paid services contract. Within the framework of specifics of the termination of the paid services contract, the authors investigate three problems: unilateral refusal to perform the contract, termination of the contract in the event of the death of the parties and the impossibility of its execution.
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Grossetti, Michel. „Les relations science-industrie dans les régions du sud-ouest français“. Sud-Ouest européen 17, Nr. 1 (2004): 89–96. http://dx.doi.org/10.3406/rgpso.2004.2857.
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The relationships between science and industries in south-west France. The collaboration between public research and the business world is generally considered as a source of technical innovation. It is well known that it is sensitive to space proximity effects but that it may also be effected at a distance. This paper is based on the study of research contracts between the main French public research organization (the CNRS) and firms, focused on cases where one of the partners at least is located in the South-West. The paper enables to check the existence and variety of proximity effects, as well as the existence of an inter-region network of collaboration.
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Rahola, Tadeo Baldiri Salcedo, Ad Straub, Angela Ruiz Lázaro und Yves Galiègue. „Energy Efficiency in French Social Housing Renovations via Design-Build-Maintain“. Open House International 39, Nr. 2 (01.06.2014): 48–56. http://dx.doi.org/10.1108/ohi-02-2014-b0007.
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The renovation of existing building stock is seen as one the most practical ways to achieve the high energy savings targets for the built environment defined by European authorities. In France, the Grenelle environmental legislation addresses the need to renovate the building stock and specifically stresses the key role of social housing organisations. In recent years, French procurement rules have been modified in order to allow social housing organisations to make use of integrated contracts such as Design-Build-Maintain. These contracts have a greater potential to deliver energy savings in renovation projects than do traditional project delivery methods, like Design-bid-Build. This is because they facilitate collaboration between the various actors and boost their commitment to the achievement of project goals. In order to evaluate the estimated potential of such contracts to achieve energy savings, two renovation projects (carried out by two French social housing organisations) were analysed from their inception until the end of construction work. The analysis is based on written tender documents, technical evaluation reports, observations of the negotiation phase (in one of the cases) and interviews with the main actors involved. Findings show that Design-Build-Maintain contracts do indeed offer substantial energy savings. Both projects achieved higher energy targets than those initially required. Furthermore, the energy results are guaranteed by the contractor, through a system of bonuses and penalties. Other results demonstrate that, compared to previous Design-bid-Build renovation projects, these projects were completed in less time (from project inception to completion of the work) and at virtually the same cost. There has also been a substantial improvement in cooperation between the actors involved.
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Jouan, Julia, Aude Ridier und Matthieu Carof. „Economic Drivers of Legume Production: Approached via Opportunity Costs and Transaction Costs“. Sustainability 11, Nr. 3 (29.01.2019): 705. http://dx.doi.org/10.3390/su11030705.
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Crop diversification is one of the main mechanisms identified for developing a more sustainable agriculture. Legumes are interesting diversifying crops to add to crop rotations because of their many positive impacts on agronomic systems. Nonetheless, production of these crops remains relatively low in Europe, in part because of socio-economic factors. The objective of this study was to analyze how the economic attractiveness of legumes may be influenced by two factors: opportunity costs and transaction costs. The method is divided into three steps. First, we built a database of opportunity costs of legumes from a literature review. Second, we qualitatively characterized transaction costs associated with exchange of legumes between producers and collectors. Third, we qualitatively analyzed if contracts currently offered in western France decreased transaction costs. For comparison, transaction costs of linseed were also studied. Our results indicate that legumes are economically attractive at the rotation scale due to zero or negative opportunity costs, but that their transaction costs are high. The contracts studied do not decrease these transaction costs sufficiently, in particular because uncertainties in price remain high in half of these contracts. Downstream differentiation seems necessary to decrease transaction costs by creating added value along the entire agro-food chain.
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Fanjoux-Cohen, L., A. Mouly-Bandini, PD Werner und R.-J. Green. „Rethinking marital enmeshment: distinguishing intrusiveness from closeness-caregiving among French couples“. European Psychiatry 13, Nr. 1 (1998): 46–51. http://dx.doi.org/10.1016/s0924-9338(97)86751-x.
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SummaryAuthors recently have suggested that family enrneshment is not synonymous with high levels of closeness or cohesion. A model proposed by Green and Werner clarifies the cohesion-enmeshment domain by distinguishing between closeness-caregiving and intrusiveness as separate relationship processes. This paper examines the cross-cultural applicability of this perspective through a study of 61 married couples in France. The French version of the California Inventory for Family Assessment (CIFA), a self-report measure designed to assess clinically relevant marital dimensions, was employed. In general, spouses' reports of their marital process demonstrated high internal consistency reliabilities. Factor analysis showed meaningful factor structures distinguishing closeness-caregiving and intrusiveness, as predicted, as well as openness of communication. Significant correlations were obtained between CIFA scales and scores on the Marital Adjustment Test. These results are similar for French and American couples. Research implications for studying relationships among French-speaking couples are underlined.
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Dambrine, Christian. „Channelling Students towards Industrial Research: Sponsorship of PhD Students in France“. Industry and Higher Education 7, Nr. 1 (März 1993): 47–50. http://dx.doi.org/10.1177/095042229300700111.
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Under the Conventions Industrielles de Formation par la Recherche (CIFRE), the French Ministry of Research and Technology sponsors industrial research with 700 doctoral candidates per year. A CIFRE is a contract between the National Association for Technical Research (ANRT) which manages the programme and a French firm, entitling the firm to assign an R&D project to a young professional under 26 years of age as part of his/her doctoral thesis. The graduate engineer gets a minimum salary of £12 500 per year from the firm, which receives £9000 directly from ANRT. This grant is awarded for three years for a project in collaboration with an academic laboratory at home or abroad. All industrial sectors are eligible to participate in the CIFRE programme as well as firms of all sizes and in all fields. After 10 years, 3 300 CIFRE contracts have been awarded and half of them are underway – 95% have led to a PhD and 80% to a professional career in industry.
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Saussier, Stéphane. „Transaction Cost Economics and Contract Duration: An Empirical Analysis of EDF Coal Contracts“. Recherches économiques de Louvain 65, Nr. 1 (1999): 3–21. http://dx.doi.org/10.1017/s0770451800007703.
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SummaryThis paper studies duration of inter-firm contracts in a transaction cost perspective. The aim of the paper is to test the propositions that can be derived from a transaction-cost framework. We built a non-truncated database representing the entire contractual relationships of Electricité de France (EDF) with its coal carriers and coal unloaders over the period 1977–1997. Section I explores factors that can explain the choice of contract duration. Section II describes the relationships between EDF and its suppliers. In Section III, we test and confirm most propositions derived from transaction-cost theory that relate contract duration to transaction characteristics. We believe this study to be the first attempt (1) to confirm transaction cost economics propositions using French data and (2) to endogenize asset specificity level at stake in transactions.
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Bortnik, O. H., und T. V. Stepanenko. „Legal incentives in the contractual regulation of marital relations“. Law and Safety 84, Nr. 1 (24.03.2022): 207–14. http://dx.doi.org/10.32631/pb.2022.1.21.
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The aim of the work is to establish the role of legal incentives in the mechanism of legal regulation of marital relations. In the course of the research the special role of personal intangible assets as the basis of family relations was established, which determines the choice of the optimal model of legal regulation of such relations. It is argued that the satisfaction of intangible needs (spiritual, moral and ethical, psycho-emotional security, physical development) determines the legally protected interests of marital and family members, who often face obstacles due to individual psychological characteristics of the spouses, interrelated with their property rights. It is emphasized that in establishing the legal regime, which should facilitate the choice of active lawful behavior, it is advisable to resort to means of encouraging socially active lawful behavior such as legal incentives.The study is based on a systems approach. Given the purpose of the study, methods d that generally allowed to determine the optimal type of legal understanding, which solved the problem of finding a tool of interpretationwere use: analysis and synthesis, induction and deduction, formal law and comparative law and other methods. Arguments are made in favor of the opinion that contractual regulation of personal non-property legal relations of spouses, which is not traditionally in practice, in comparison with regulation of parental personal non-property legal relations, does not contradict the provisions of current legislation and the essence of legal relations, and from the point of view of the legal impact of informational and psychological nature contribute to the understanding and social activity of the subjects of marital and family relations.It is concluded that the opportunity for a person to obtain legal guarantees for the exercise of personal non-property rights in marriage is an important legal incentive to use the contractual method of regulating marital relations. It is through legal incentives that are reflected in the mechanism of legal regulation through subjective rights, and the right to behave in individual ways, which are determined by the person, must be influenced. Self-regulation of relevant legal relations through the definition of ways of exercising subjective law allows to balance the needs, subjective rights and legal obligations of each spouse, as well as spouses as parents, to protect their legally protected interests related to the exercise of personal non-property rights as parents, to guarantee the exercise of the rights of the child (children) in accordance with its best interests.The results of the study can be used in further theoretical research to determine the optimal mechanisms of legal regulation of marital relations between parents and spouses, and in law enforcement activities of legal practitioners in developing the terms of contracts concluded in the field of marital and family relations.
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Todorović, Ilijana. „A Closer Look at the Doctrine of Separability in Arbitration“. IUS Law Journal Vol 1, No 1 (2022): 6–29. http://dx.doi.org/10.21533/iuslawjournal.v1i1.6.
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In the ever-growing business world impacted by globalization, many commercial contracts nowadays contain an arbitration clause. This article focuses on the history behind arbitration as an alternative method of dispute resolution and its penetration to the forefront of mechanisms for resolving commercial disputes—with focus on England, France, and the United States. The article also delves into some of the key questions related to the relationship between an arbitration clause and the underlying contract in which it is contained. And those are the infamous separability and competence-competence doctrines. The author’s conclusion is that the efficiency of an arbitration clause is feasible only if its autonomy is entrenched and safeguarded from preventative and baseless court intervention. In that regard, the author addresses the consequences, current challenges, judicial and academic discourse, and the need for improvement when it comes to these two arbitral principles—all with the goal to provide contracting parties with forethought as to what to consider when drafting their contracts as to avoid unwelcome consequences.
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Lepicard, Etienne. „Eugenics and Roman Catholicism An Encyclical Letter in Context: Casti connubii, December 31, 1930“. Science in Context 11, Nr. 3-4 (1998): 527–44. http://dx.doi.org/10.1017/s0269889700003197.
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The ArgumentLittle has been written about religion vis à vis eugenics and, even less on Roman Catholicism and eugenics. A 1930 papal encyclical, Casti connubii, is usually held by historians to have been the official condemnatory view of the Catholic Church on eugenics, and the document is further supposed to have induced the only organized opposition to eugenic legislative efforts in several countries (especially France). In fact, the encyclical was not directly about eugenics but a general statement of the Catholic doctrine on marriage.This article attempts to clarify the issue of a Catholic position on eugenics by re-examining the encyclical itself as well as its contemporaneous reception in Germany and France, where there was a strong Catholic presence. Casti connubii introduced a change in the prescribed hierarchy of the aims of marriage when, for the first time, relations between spouses took precedence over procreation. While condemning the means (abortion, sterilization, etc.), the encyclical did not condemn positive eugenics. In the broader context of the history of eugenics, the reception of the encyclical emphasizes the family as the third entity between the individual and society. Eugenics, as a “religious Utopia” of modernity, developed a hegemonic discourse over the family realm. As such it entered into competition with more traditional religious institutions such as the Roman Catholic Church.