Academic literature on the topic 'Contracts between spouses -France'
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Journal articles on the topic "Contracts between spouses -France"
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Kovacek-Stanic, Gordana. "The principle of self-determination in the family law through history and today." Zbornik Matice srpske za drustvene nauke, no. 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, no. 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, and Bashkim Preteni. "MARRIAGE AND PROPERTY REGIME OF SPOUSES UNDER KOSOVO CURRENT LAW AND DRAFT – CIVIL CODE." Pravni vjesnik 36, no. 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, no. 2 (April 30, 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, no. 5 (September 2, 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, and Muzahim Al-Jalili. "TWO OLD BABYLONIAN MARRIAGE CONTRACTS FROM ISIN." Iraq 82 (August 25, 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, and 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, no. 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, and F. Bonnet. "Impact of a new legislation on the water market and competition in France." Water Supply 3, no. 1-2 (March 1, 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, and 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, no. 1 (March 30, 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, and Olga Kostyunina. "On the Issue of Applying the Civil Law to the Property Relations of Spouses by Analogy." Academic Law Journal 23, no. 1 (April 25, 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.
Dissertations / Theses on the topic "Contracts between spouses -France"
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Monget, Quentin. "Les mutations du statut patrimonial des couples." Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2024. http://www.theses.fr/2024ASSA0003.
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Bien des couples, aujourd’hui, passent du concubinage au pacs, puis du pacs au mariage, qui sont les trois conjugalités que propose le droit contemporain. À chacune correspond un statut patrimonial spécifique (prévoyant une répartition des biens et des dettes, instituant des effets sociaux et fiscaux, etc.). Or ces statuts sont en pleine mutation : aujourd’hui, on ne compte plus les transformations légales et jurisprudentielles qui s’accomplissent. Quelles sont ces évolutions ? Jusqu’où doivent-elles se poursuivre ? Tel est l’objet de cette étude. Elle relativise l’idée qu’un droit commun du couple serait appelé à émerger : elle constate que, même si un phénomène de convergence est à l’œuvre, d’autres évolutions tendent à accroître certaines différences entre les conjugalités. Elle démontre alors que le droit positif se structure sur le modèle d’une gradation. Plus un couple choisit une conjugalité stable et engagée, plus son statut patrimonial devient exorbitant, communautaire et protecteur. Les amants sont ainsi incités à s’engager sur un chemin jalonné d’étapes prédéterminées (couple sentimental, emménagement, pacs, mariage) que l’on peut appeler iter copulae ; ce modèle est en phase non seulement avec le droit positif, mais aussi avec la réalité sociologique moderne.Ainsi, l’étude synthétise les évolutions en cours. Elle suggère de les approfondir où elles sont inachevées, de les tempérer où elles sont excessives, de les consacrer où elles sont prétoriennes ; le propos est parsemé de propositions de réformes, toutes destinées à asseoir le droit positif sur des bases durables, car plus en phase avec les aspirations modernesMany French couples today move from cohabitation to civil partnership, then from civil partnership to marriage, which are the three forms of conjugality offered by contemporary law. Each has its own specific property status (providing for the division of assets and debts, establishing social and tax effects, etc.). But these statuses are in a state of flux,with countless legal and case law changes being made. What are these changes ? How far should they continue ? That is the purpose of this study. It sets itself apart by putting into perspective the idea that a common law governing couples will emerge : it notes that, even if a phenomenon of convergence is at work, other developments are tending to increase certain differences between conjugal relationships. It then shows that positive law is structured on the model of a gradation. The more a couple chooses a stable and committed conjugal relationship, the more their property status becomes exorbitant, communal and protective. Lovers are thus encouraged to embark on a path marked out by predetermined stages (romantic relationship, moving in, civil partnership, marriage) that can be called iter copulae ; thismodel is in line not only with positive law, but also with modern sociological reality. The study summarises current developments. It suggests deepening them where they are incomplete, tempering them where they are excessive, and enshrining them where they are praetorian. The study is interspersed with proposals for reform, all designed to put positive law on a sustainable footing, since it is more in tune with modern aspirations
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Whittaker, Simon John. "The relationship between contract and tort : a comparative study of French and English law." Thesis, University of Oxford, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.670368.
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Laurent-Bonne, Nicolas. "Les donations entre époux : doctrine, coutumes et législation (XIIe-XVIe siècle)." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020064.
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Au lendemain de la renaissance juridique du XIIe siècle et de la redécouverte des compilations de Justinien, les juristes médiévaux s’attachent à bâtir un principe général de prohibition des donations entre époux. Dès la première moitié du XIIIe siècle, civilistes et canonistes assouplissent cependant les restrictions, passant ainsi d’une prohibition stricte à un simple système de révocabilité. Les praticiens français, répondant aux demandes de conjoints soucieux de protéger le survivant, ont contribué à l’affaiblissement des entraves romaines et canoniques : serment promissoire, clause de renonciation, donation par personne interposée constituent autant d’expédients, parfois même empiriques et frauduleux. En dépit de ce long glissement doctrinal et des palliatifs élaborés par les notaires, des interdictions ont longtemps persisté dans la plupart des législations territoriales, rédigées et inlassablement réformées à l’aune du droit romain, du Moyen Âge central au début de l’Époque moderneImmediately following the juridical renaissance of the 12th century and the rediscovery of the Justinian codification of Roman law, medieval jurists were committed to creating a general principle prohibiting donations between spouses. As early as the first half of the 13th century, however, civil law experts and canonists modulated the restrictions, thereby moving from strict prohibition to a simple system of revocability. French practitioners, responding to requests from married people concerned to protect their surviving spouse, contributed to weakening the constraints of Roman and canon law; promissory oaths, renunciation clauses and donations through an intermediary comprised such contrivances, which were sometimes even improvised and fraudulent. Despite this long doctrinal slide and the palliatives drawn up by notaries, such interdictions persisted over a long period of time in most territorial legislations, redrafted and repeatedly reformed according to the standards of Roman law from the high Middle Ages to the beginning of the modern times
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Meunier-Mollaret, Marine. "Le conjoint survivant face aux enfants du de cujus." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020002.
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La loi du 3 décembre 2001 a, incontestablement, réalisé une avancée majeure dans la protection du conjoint survivant en lui reconnaissant une vocation ab intestat en propriété et en lui permettant, le restant de sa vie, de se maintenir dans le logement conjugal. Néanmoins, cette protection se révèle insuffisante pour celui auquel la loi ferme l’option pour l’usufruit légal : le survivant laissé en la présence d’au moins un enfant issu d’une précédente union. L’introduction de cette distinction à l’article 757du Code civil ne permet pas, en effet, de garantir aux veuves et veufs, issus en particulier de familles recomposées, le maintien de leurs conditions d’existence antérieures, ce, d’autant plus que le droit viager au logement ne peut passe cumuler avec le quart légal en propriété. D’où la nécessité pour le futur défunt d’anticiper les conséquences de sa disparition. Le droit patrimonial de la famille offre, à cet égard, toute une panoplie d’instruments juridiques que le législateur du 23 juin 2006 est venu étoffer, notamment par les nouvelles libéralités-partages et les libéralités graduelles et résiduelles. Toutefois, il sera fait appel aux outils les plus classiques issus, pour les uns, du droit des régimes matrimoniaux avec les avantages matrimoniaux, pour les autres, du droit des libéralités avec l’institution contractuelle entre époux. La voie matrimoniale devant, autant que faire se peut, constituer l’essentiel de la protection du conjoint survivant. Enfin, il sera de bonne pratique de compléter ces mesures de prévoyance conjugale par le recours à l’assurance-vie et à la société civile de gestion de portefeuille de valeurs mobilièresThe law dated December 3rd, 2001 realized, undoubtedly, a major step forward in the protection of the surviving spouse since it recognizes for him a legal vocation in property and it allows himself, the rest of his life, to remain in the matrimonial home. Nevertheless, this protection turns out to be insufficient for the one to which the law closes the option for the legal usufruct : the survivor left with at least one child stemming from a previous union. The introduction of this distinction in the article757 of the civil Code does not, indeed, allow to guarantee for the widows and widowers, stemming in particular from blended families, the preservation of their previous conditions of existence, it, especially as the right life annuity in the accommodation cannot accrue with the legal quarter in property. Where from thenecessity for the future deceased to anticipate the consequences of his disappearance. The property right of the family offers, in this respect, a whole outfit of legal instruments which the legislator of June 23rd, 2006 came to enrich, in particular by new liberalities-divisions and the gradual (and residual) liberalities. However, it will be called on to the most classic stemming tools, for some, of the right of the matrimonial systems with the marital advantages, for the others, the right of the liberalities with the contractual institution between spouses. The marital way in front of, as far as possible, to constitute the main part of the protection of the survivor. Finally, it will be considered as good practice to complete these measures of conjugal foresight by the life insurance and the civil society of management of portfolio of securities
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Djoko, Noubissi Eunice. "Essai d'universalisation du principe d'égalité entre époux : analyse comparative à la lumière des droits français et camerounais." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010297.
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L'essai d'universalisation du principe d'égalité consiste à l'appréhender non dans un sens statique, mais plutôt, dans une logique dynamique. C'est l'ouverture du principe à une pluralité d'interprétations prenant en compte les besoins et aspirations de chaque société. Si cette démarche contribue ainsi à enrichir le concept, elle ne saurait justifier que ce principe soit complètement vidé de son contenu. C'est le véritable enjeu de cette analyse qui, sans doute imparfaitement, a tenté de trouver les voies et moyens permettant à la fois d'affirmer l'universalisation du principe d'égalité et la prise en compte des spécificités locales. L'égalité entre époux, parce qu'elle touche à l'idée qu'on se fait de la famille, rend la tâche plus ardue. Car la famille a une forte imprégnation dans les mœurs et les discussions y relatives sont rarement dénuées de passions et d'idéologies. A cela, il a fallu ajouter, de façon non moins négligeable, les considérations politiques, économiques, socioculturelles qui construisent un univers symbolique, et partant, déteignent sur l'interprétation in concreto du principe d'égalité entre époux. Une certitude doit être retenue : seuls des apports divers et variés pourraient donner tout son sens à l'universalité du principe d'égalité, qui à bien y voir, est une riche et belle conquête. Si des difficultés d'application du principe demeurent dans le contexte où il a vu le jour, celles-ci sont encore plus grandes lorsqu'est envisagée sa transposition dans d'autres ères géographiques. D'où la nécessaire prudence et l'exigence d'une certaine subtilité. Le charme du principe d'égalité résiderait peut-être dans le fait qu'il est en perpétuel mouvementThe attempt to universalize the principle of equality consists of analysing it none as static, but as a dynamic concept. It is its openness to a variety of interpretations taking into consideration the needs and aspirations of each society. If that approach contributes to enrich the concept, it wouldn't lead to empty its content. That is the main challenge of this study, which, probably imperfectly has tried to find means and ways, allowing both the affirmation of the universality of the principle of equality and taking into consideration local particularities. Equality between spouses, because it is grounded in the thinking behind the idea of family, makes the task difficult. Indeed, family has a profound anchorage in the mainstream thinking, and discussions around it are rarely conducted without passions and ideologies. To that, one should add that economic, political and sociocultural considerations which build up a symbolic world, and so affecting the interpretation in concreto of the principle of equality between spouses. One thing for should be kept in mind: only diverse and varied contributions could give all its meaning to the universality of the principle of equality, which to some extent, is a rich and beautiful conquest. Even if implementation difficulties of the principle remain to deal with, there are more important when its transposition is envisaged in other geographical areas. Thus, there is a necessity of prudence and the requirement of some subtility. The charm of the principle of equality could reside perhaps in the fact that it is in a constant evolution
Books on the topic "Contracts between spouses -France"
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Pestieau, Pierre, and Mathieu Lefebvre. Unemployment and Poverty. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198817055.003.0013.
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This chapter emphasizes the role of unemployment insurance and labour market policies. Starting from the recent evolution of unemployment in the European countries, it presents the main aspects of unemployment insurance systems and shows the disparities in terms of generosity and coverage among the countries. The trade-off between flexibility and protection of employees is presented and the example of the Danish flexicurity is put into perspective with recent reforms introduced in France or Germany that push for more activation and experience rating. The chapter then surveys the recent changes in the nature of European employment such as the case of deported workers or the increase of jobs related to new technologies. These changes exert pressure on the poorest workers and call for controls of work contracts.
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Lliteras, Alejandra Beatriz, and Vanessa Agredo Delgado, eds. Decisioning 2022. Facultad de Informática (UNLP), 2023. http://dx.doi.org/10.35537/10915/158339.
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Sustainable agriculture is one of the Sustainable Development Goals (SDG) proposed by UN (United Nations), but little systematic work on Knowledge Discovery and Decision Making has been applied to it. Knowledge discovery and decision making are becoming active research areas in the last years. The era of FAIR (Findable, Accessible, Interoperable, Reusable) data science, in which linked data with a high degree of variety and different degrees of veracity can be easily correlated and put in perspective to have an empirical and scientific perception of best practices in sustainable agricultural domain. This requires combining multiple methods such as elicitation, specification, validation, technologies from semantic web, information retrieval, formal concept analysis, collaborative work, semantic interoperability, ontological matching, specification, smart contracts, and multiple decision making. Decisioning 2022 is the first workshop on Collaboration in knowledge discovery and decision making: Applications to sustainable agriculture. It has been organized by six research teams from France, Argentina, Colombia and Chile, to explore the current frontier of knowledge and applications in different areas related to knowledge discovery and decision making. The format of this workshop aims at the discussion and knowledge exchange between the academy and industry members.
Book chapters on the topic "Contracts between spouses -France"
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Lundström, Catrin. "When the Expatriate Wife Returns Home: Swedish Women Navigating National Welfare Politics and Ideals of Gender Equality in Expatriate Family Migration." In IMISCOE Research Series, 143–60. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-67615-5_9.
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AbstractThis chapter analyses how expatriate women navigate national political ideals formulated around gender equality and the dual-earner model upon their return to Sweden. The study is based on 46 in-depth interviews and participant observation conducted in a network for returning migrant women in Sweden. The vast majority were married to Swedish men working in transnational companies and had returned to Sweden due to their husbands’ completed expatriate contracts. As the women had been situated outside the formal labour market during their time abroad, they had no work experience or pensionable income in the Swedish welfare system, which is based on the idea that women and men share labour- and family-related work. Hence, their positions as ‘trailing spouses’ had a severe impact on their opportunities for reintegration into Swedish society. On the one hand, the women’s work enabled their husband’s mobility and working life in transnational companies. On the other, national social benefits did not take this (gendered) work into account. Thus, the women continued to depend on their husband’s income and private insurances back in Sweden, located in-between different ‘global’ market-based solutions and a national welfare system.
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Rowan, Solène. "The Agreement." In The New French Law of Contract, 59—C4.N174. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780198810872.003.0004.
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Abstract This chapter discusses the reforms in the new Civil Code’s section of contractual negotiation and formation. Negotiations often precede the formation of a contract, especially substantial commercial contracts. In France, the freedom to collaborate on a contract is primarily limited by the principle of good faith since it sets the standards on how the parties would conduct themselves during negotiation. Moreover, the Civil Code imposes the general responsibility to provide information on negotiating parties. On the other hand, the chapter distinguishes the difference between offers, invitations, and withdrawals of offers and acceptance. It also compares the process of negotiating contracts between France and England.
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Taylor-Leduc, Susan. "The Imperial Picturesque." In Marie-Antoinette’s Legacy. Nieuwe Prinsengracht 89 1018 VR Amsterdam Nederland: Amsterdam University Press, 2022. http://dx.doi.org/10.5117/9789463724241_ch04.
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When Empress Joséphine accepted the dissolution of her marriage to Emperor Napoléon in December 1809, she became the first and only divorced Empress of France. Napoléon married the eighteen-year-old Marie-Louise, Marie-Antoinette’s grandniece, on April 1, 1810. From 1810 to 1814, Napoléon continued to support Joséphine’s garden patronage at Malmaison while installing Marie-Louise at the Petit Trianon. The emperor thus sustained a competitive garden culture between his spouses while pursuing his own agenda at imperial sites. For all three patrons, recalling Marie-Antoinette’s legacy at the Petit Trianon was an entangled memory, both personal and political, that conditioned the dissemination of the picturesque garden style.
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Macknight, Elizabeth C. "Landed estates in operation." In Nobility and patrimony in modern France. Manchester University Press, 2018. http://dx.doi.org/10.7228/manchester/9781526120519.003.0006.
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In historical scholarship the economics of elite landowning in modern France remained for a long time ‘an almost virgin field’. As Theodore Zeldin observed, ‘historians have been interested far more in the history of peasant ownership’. Understanding peasant experiences is crucial for rural history that scholars such as Lefebvre, Le Roy Ladurie, and others placed at the very heart of French history, especially as it was practised within France. This chapter explains the economic operations of landed estates and the tripartite relations between owners, managers, and labourers. The analysis draws on Bourdieu’s writings about gift exchange and reproduction of social capital, and it uses correspondence, accounts, contracts and other archival evidence to document rural social relationships in the nineteenth and twentieth centuries.
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Blossfeld, Hans-Peter, and Catherine Hakim. "Introduction: A Comparative Perspective on Part-Time Work." In Between Equalization and Marginalization, 1–21. Oxford University PressOxford, 1997. http://dx.doi.org/10.1093/oso/9780198280866.003.0001.
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Abstract Part-time work seems to defy classification and explaining it presents a seri¬ ous challenge to social scientists. Contradictions abound. High levels of part-time work are found both in relatively unregulated labour markets, such as Britain and the USA, and in highly regulated labour markets, such as Denmark, Sweden, and the Netherlands. The European Union (EU) Labour Force Survey consistently shows that voluntary and involuntary part-time work are both present, to varying degrees, in most countries. Employers in Italy, Greece, and France regard part-time workers as intro¬ ducing an unattractive disruption of normal production processes and workplace discipline, while employers in Britain had created a large per¬manent part-time workforce long before economic recession stimulated deregulation and the casualization of labour contracts in most industrial economies in the 1980s and 1990s. The so-called ‘part-time’ workers of Sweden frequently work hours long enough to be classified as full-timers by the European Commission, while many part-time workers in the Netherlands, Britain, and West Germany work such short hours that the European Commission classifies them as marginal workers (European Commission, 1994: 103-13).
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Arnold, John H. "Negotiations of the Faith." In The Making of Lay Religion in Southern France, c. 1000-1350, 381–429. Oxford University PressOxford, 2024. http://dx.doi.org/10.1093/oso/9780192871763.003.0010.
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Abstract The elaboration of the Christian faith as lay religion was played out within a social landscape that contained other additional resources and cultural demands. In southern France this social landscape was marked by a number of important features: a widespread ‘civic’ sensibility which extended well beyond the larger settlements; a notarial culture that provided relatively broad access to mechanisms of law and archiving that were authoritative but also somewhat flexible and responsive in their documentary forms; and a strong vein of mercantile practice, that operated through agreements, contracts, and often collective negotiations. These informed the ways in which the laity negotiated their experience of Christianity. In certain areas they pushed back against some of the demands of the Church, most often when these conflicted too strongly with other areas of material life; but in others, the nature of the negotiations and collective actions aimed to forge an enlarged space for lay engagement with Christian piety. These issues are explored through an analysis of various ‘contracts’ and agreements drawn up between local communities and their priests; through an examination of the evidence for religious confraternities in southern France from the twelfth century onward; and finally through a close examination of a body of wills made in Puigcerdà between 1294 and 1310.
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Frechon, Isabelle, and Lucy Marquette. "Stay or Leave?" In Leaving Care and the Transition to Adulthood, 173–202. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190630485.003.0010.
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This chapter reports on results of a study conducted with 1,622 young adults between the ages of 17 and 20, comparing the profiles of youth who either opt out or do not have access to extended services beyond the age of 18 to those who benefit from these services. Young adult protection in France, also known as Young Adult Contract, is a welfare contract between a young adult and a Child Welfare Officer that “commits” the young person to either continue their education or actively seek a job and accommodations, continue medical treatment, update administrative documentation, and learn to manage a budget. Opportunities and the limitations of extended care contracts are reviewed and the perverse effects of this measure are reviewed in a context of fiscal restraint when youth have difficulties acquiring vital skills essential for a successful transition to adulthood.
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Gerner-Beuerle, Carsten, and Michael Schillig. "Corporate Governance Regulation." In Comparative Company Law, 223–334. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780199572205.003.0004.
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This chapter first analyses whether the corporation is merely a profit-maximizing entity or performs a more inclusive, social function. It then discusses some basic economic concepts that are important to understand the underlying conflicts that corporate governance regulation seeks to address, such as efficiency, incomplete contracts, and agency costs. Next, it examines the goals that corporate governance regulation in the United States, the UK, Germany, and France pursues, and gives an overview of the evolution of the corporate governance movement, which started in the United States in the 1970s. The chapter then introduces the most important corporate actors—officers, directors, and shareholders—and explores whether the ownership structure of public stock corporations has changed over time and continues to differ between countries. The final section analyses how corporate boards are designed, and how best practice standards contained in corporate governance codes shape the composition of boards.
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Datz, Giselle. "Placing Contemporary Sovereign Debt." In Sovereign Debt Diplomacies, 259–81. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198866350.003.0012.
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Since 2003, the battle between holdout creditors and the Argentine government in US courts has inspired a number of judicious studies on its legal underpinnings and repercussions. It has also prompted so-called ‘anti-vulture funds’ laws in countries like the UK, Belgium, and France. Despite these developments, the role of place in debt restructurings has remained relatively neglected. The paper analyses domestic laws protecting foreign debtors from minority holdout litigation and injunctive orders in federal courts that incite contractual changes as part of a fragmented landscape of local, and at times overlapping, spheres of sovereign debt governance, paradoxically embedded in a deeply integrated global financial system. A key finding of this analysis is that while contracts ground debt dynamics in specific jurisdictions (financial centres), they do not reduce uncertainty in the outcomes of sovereign debt restructurings. Moreover, financial centres have functioned not only as sites for private market-making, but also for public experimentation in international debt processes.
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Walker, Simon. "The Lancastrian Affinity at War." In The Lancastrian Affinity 1361-1399, 39–80. Oxford University PressOxford, 1990. http://dx.doi.org/10.1093/oso/9780198201748.003.0003.
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Abstract John of Gaunt’s life was dominated by war and the rumours of peace. From 1359, when he accompanied Edward III on his last great expedition to France, until his return from the duchy of Gascony in 1395, he was continually employed in the wars against the French and their allies. Nor was he simply an English war-leader but, by reason of his marriage to Constance of Castile in 1372, a European prince with pretensions to a throne of his own that had to be secured by force of arms. In consequence, Gaunt participated in 12 major military expeditions, besides preparing for several more that failed to materialize, while his responsibility for peace negotiations with the French involved him in 15 separate diplomatic missions. These facts have an immediate importance for the study of the duke’s retinue, historiographical as well as historical. Much of the most distinguished pioneering work on ‘bastard feudalism’ and the indentured retinue was based principally upon a study of the contracts between John of Gaunt and his retainers.
Conference papers on the topic "Contracts between spouses -France"
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Belbeze, Stephane, and Matthieu Hallouin. "Set Up of an Environmental Monitoring System, Shchuchye, Russia Technical Assistance." In ASME 2011 14th International Conference on Environmental Remediation and Radioactive Waste Management. ASMEDC, 2011. http://dx.doi.org/10.1115/icem2011-59042.
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An intergovernmental agreement on cooperation about chemical weapon destruction was signed between France and the Russian federation on 14th February 2006 in the context of a Global Partnership dedicated to preventing catastrophic terrorism and the proliferation of weapons of mass destruction. It came into effect on 25th April 2007 after ratification by both countries. The present demonstrated project was launched as part of this collaboration on the Shchuchye site (Russia – Kurgan Oblast). The project concerned the environmental surveillance system for the Shchuchye site required for the safe operation of the installation used to destroy chemical weapons. The aim was to implement equipments and methods of analysis for very low concentrations of pollutants in the three environmental compartments: air, water and soil. This has been achieved with the help of industry and other organizations in France (Environment/SA for supplies, INERIS and Antea Group) and Russia (ROST Association and EKROS Engineering). This system takes account of the normal operation of the installation as well as incident management. It includes 11 stationary atmospheric measuring stations constructed by Environment/SA and EKROS Engineering including ASTEK dedicated toxic gas detector: “Terminator FOV-1”, 3 mobile atmospheric measuring stations, 2 mobile soil & water measuring stations, 4 sampling cars constructed by Environment/SA and EKROS Engineering, a complete Chemical analysis laboratory which can handle ppb analysis of toxic gases, organics and minerals pollutants, an information collection center and a meteo station which can retrieve, display and archive all the datas or alarm from the stationary and mobile stations. Antea Group has provided a technical expertise and various negotiations during the negotiation phase, the project initiation files & contracts redaction, the project Monitoring and reporting to stakeholders, the REX. Up to 2009, No other site of the world uses such an innovative system. Antea Group worked on this project for 4 years. It successfully began operating in March 2009, before the start of destruction operations, after 15 months of work on the site.
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Barbosa, Fábio C. "High Speed Rail Technology: Increased Mobility With Efficient Capacity Allocation and Improved Environmental Performance." In 2018 Joint Rail Conference. American Society of Mechanical Engineers, 2018. http://dx.doi.org/10.1115/jrc2018-6137.
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The increasing movement of people and products caused by modern economic dynamics has burdened transportation systems. Both industrialized and developing countries have faced transportation problems in urbanized regions and in their major intercity corridors. Regional and highway congestion have become a chronic problem, causing longer travel times, economic inefficiencies, deterioration of the environment and quality of life. Congestion problems are also occurring at airports and air corridors, with similar negative effects. In the medium distance travel market (from 160 up to 800 km), too far to drive and too short to fly, High Speed Rail (HSR) technology has emerged as a modern transportation system, as it is the most efficient means for transporting large passenger volumes with high speed, reliability, safety, passenger comfort and environmental performance. HSR system’s feasibility will depend on its capacity to generate social benefits (i.e. increased mobility rates, reduced congestion, capacity increase and reduced environmental costs), to be balanced with the high construction, maintenance and operational costs. So, it is essential to select HSR corridors with strong passenger demands to maximize these benefits. The first HSR line was Japan’s Shinkansen service, a dedicated HSR system, between Tokyo and Osaka, launched in 1964, which is currently the most heavily loaded HSR corridor in the world. France took the next step, launching the Train à Grande Vitesse (TGV), in 1981, with a dedicated line with shared-use segments in urban areas, running between Paris and Lyon. Germany joined the venture in the early 1990 with the Inter City Express – ICE, with a coordinated program of improvements in existent rail infrastructure and Spain, in 1992, with the Alta Velocidad Espanola – AVE, with dedicated greenfield lines. Since then, these systems have continuously expanded their network. Currently, many countries are evaluating the construction of new HSR lines, with European Commission deeming the expansion of the Trans European Network as a priority. United Kingdom, for example, has just awarded construction contracts for building the so called HS2, an HSRexpanded line linking London to the northern territory. China, with its dynamic economic development, has launched its HSR network in 2007 and has sped up working on its expansion, and currently holds the highest HSR network. United States, which currently operates high speed trainsets into an operationally restricted corridor (the so called Northeast Corridor (NEC), linking Washington, New York and Boston), has also embarked into the high speed rail world with the launch of Californian HSR Project, currently under construction, aimed to link Los Angeles to San Francisco mega regions, the ongoing studies for Texas HSR project, to connect Dallas to Houston, into a wholly privately funding model, as well as studies for a medium to long term NEC upgrade for HSR. Australia and Brazil are also seeking to design and launch their first HSR service, into a time consuming process, in which a deep discussion about social feasibility and affordability is under way. This work is supposed to present an overview of HSR technology worldwide, with an assessment of the main technical, operational and economical features of Asian and European HSR systems, followed by a snapshot of the general guidelines applied to some planned HSR projects, highlighting their demand attraction potential, estimated costs, as well as their projected economic and environmental benefits.