Journal articles: 'Family law - France'

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Želčević-Diamel, Ana. "Family law in France: A law in transformation." Anali Pravnog fakulteta u Beogradu 66, no. 1 (2018): 145–58. http://dx.doi.org/10.5937/analipfb1801145z.

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BASTARD, BENOIT, and LAURA CARDIA-VONECHE. "FAMILY MEDIATION IN FRANCE." "International Journal of Law, Policy and the Family" 7, no. 3 (1993): 271–81. http://dx.doi.org/10.1093/lawfam/7.3.271.

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Mol, Charlotte. "Children’s Representation in Family Law Proceedings." International Journal of Children’s Rights 27, no. 1 (February 16, 2019): 66–98. http://dx.doi.org/10.1163/15718182-02701001.

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In the debate on child participation in family law proceedings, a pertinent question is whether or not to provide children with representation and if so, how to provide it. Article 12 of the United Nations Convention on the Rights of the Child (uncrc) provides minimum standards for the child’s right to express views and to do so, in judicial proceedings, through a representative. This article takes these minimum standards as a yardstick to evaluate the legal frameworks of child representation in the family law proceedings of four jurisdictions: Australia (New South Wales), France, the Netherlands and South Africa. On the basis of a systematic legal comparison and evaluation, this article presents a “compliance report card” and concludes with new insights and questions regarding children’s representation and Article 12, uncrc.

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Heuer, Jennifer Ngaire. "Race, Law, and Contested Heritage: Toussaint Louverture’s Family in France." Journal of Modern History 94, no. 4 (December 1, 2022): 790–821. http://dx.doi.org/10.1086/722301.

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Gulley, Alison. ":Family, Gender, and Law in Early Modern France." Sixteenth Century Journal 41, no. 4 (December 1, 2010): 1246–47. http://dx.doi.org/10.1086/scj40997695.

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Windebank, J. "The Law of Kinship: Anthropology, Psychoanalysis and the Family in France." French History 28, no. 2 (February 12, 2014): 293. http://dx.doi.org/10.1093/fh/cru024.

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Doyle, William. "Matthew Gerber, Bastards: Politics, Family, and Law in Early Modern France." European History Quarterly 44, no. 3 (June 18, 2014): 534–35. http://dx.doi.org/10.1177/0265691414537193r.

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Crawford, Katherine. "Book Review: Bastards: Politics, Family, and Law in Early Modern France." Journal of Family History 38, no. 2 (April 2013): 242–44. http://dx.doi.org/10.1177/0363199013483735.

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Chapman, S. E. "MATTHEW GERBER. Bastards: Politics, Family, and Law in Early Modern France." American Historical Review 117, no. 5 (December 1, 2012): 1669–70. http://dx.doi.org/10.1093/ahr/117.5.1669.

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Gerber, Matthew. "Family, the State, and Law in Early Modern and Revolutionary France." History Compass 7, no. 2 (March 2009): 474–99. http://dx.doi.org/10.1111/j.1478-0542.2008.00581.x.

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Callaway, Hannah. "A Contested Inheritance: The Family and the Law from the Enlightenment to the French Revolution." Law and History Review 37, no. 1 (November 15, 2018): 61–87. http://dx.doi.org/10.1017/s0738248018000330.

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This article examines a particularly interesting inheritance case from late-eighteenth-century France to study the intersection of legal practices and Enlightenment ideas at the end of the Old Regime. The case, involving dispute around the estate of a deceased tax farmer, addresses family relations broadly within the specific context of inheritance and spousal assets. The five briefs produced on appeal to the Parlement of Paris show particular engagement with Enlightenment themes of reason, nature, and sentiment. The family was a locus of particular interest in eighteenth-century France because of its implications for social relations and its connection, through inheritance, to royal sovereignty. However, family law has been primarily studied from the perspective of practices, whereas the present article focuses on ideals. The article argues that the courtroom was an important site where the diverse implications of Enlightenment thought on family law were worked out. The argument that family law was a site for integrating ideals into practices has implications for how we think about the relationship between law and social change, as well as, in particular, the relationship between Enlightenment and Revolution.

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TWIGG, JULIA, and ALAIN GRAND. "Contrasting legal conceptions of family obligation and financial reciprocity in the support of older people: France and England." Ageing and Society 18, no. 2 (March 1998): 131–46. http://dx.doi.org/10.1017/s0144686x98006886.

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This paper explores the way family obligation and reciprocity are defined in law in France and England. Focusing on the areas of inheritance and financial support in relation to older people, it explores how these are contrasted and linked in the two societies. In France, families are legally obliged to support their kin through obligation alimentaire, but inheritance is secured by law within the family. In England by contrast there is no such legal obligation to support older relatives; nor is there any constraint on inheritance: testamentary freedom is the legal principle. The paper discusses the significance of these differences and assesses how far they are modified by the operation of the welfare state and by embedded assumptions about family relations. It sets the differences within the context of different discourses of law and social policy in the two countries.

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Calves, Gwenaëlle. "Affirmative Action in French Law." Tocqueville Review 19, no. 2 (January 1998): 167–77. http://dx.doi.org/10.3138/ttr.19.2.167.

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In recent years, the concept of positive discrimination has attracted considerable attention in France among both legal scholars and the general public. In an increasing number of areas, ranging from access to bicycle paths to restriction of family allowances according to income, any rules that appear to depart, however slightly, from the prevailing norm of equal treatment strictly construed, now tend to be presented as measures of positive discrimination.

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Bonjour, Saskia. "Between Integration Provision and Selection Mechanism. Party Politics, Judicial Constraints, and the Making of French and Dutch Policies of Civic Integration Abroad." European Journal of Migration and Law 12, no. 3 (2010): 299–318. http://dx.doi.org/10.1163/157181610x520382.

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AbstractBoth the Netherlands and France have recently introduced civic integration abroad policies, which stipulate that family migrants are to learn about the language and customs of the host society, before being admitted to the country. The Dutch program however is much more stringent than the French. While France requires only participation in an evaluation and course that are organised and financed by the French state, the Dutch government has made entry conditional upon passing a test and does not offer courses. In this article, I propose two explanations for the significant differences between the modalities of the Dutch and French civic integration abroad programs. The first is related to party politics, that is to the positions adopted by political parties and the relations between them; the second to the different judicial constraints that weigh upon family migration policies in France and in the Netherlands.

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Oldham, Mika. "Financial Obligations within the family-Aspects of Intergenerational Maintenance and Succession in England and France." Cambridge Law Journal 60, no. 1 (March 2001): 128–77. http://dx.doi.org/10.1017/s0008197301000654.

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THE article examines the different roles played by private and public intergenerational support obligations in England and France, assesses their impact on elderly people and their carers and suggests possible ways in which the law might be used to alleviate some of the difficulties.

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Koryogdiev, Bobur. "OWNERSHIP AND OTHER PROPERTY RIGHTS IN FRANCE." Jurisprudence 2, no. 5 (October 25, 2022): 44–52. http://dx.doi.org/10.51788/tsul.jurisprudence.2.5./lbpv1572.

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In this scientific study, the civil law of France has been investigated according to the current French civil code. The article analyzes material rights, in particular, property rights and methods of their protection, as well as the influence of Roman law, revolutionary legislation, and norms regulating canon law, for the formation of a new bourgeois law free from feudal prohibitions and restrictions. Also, the peculiarities of French civil law, including the institutional nature of private law and dualism in law, have been analyzed. Although the legal system of the Republic of Uzbekistan is similar to the legal system of the French Republic from the point of view of the same legal family, some differences related to material law have also been analyzed, taking into account the adaptation of the law to the social life and national values of each country. In particular, the concept of the right of ownership existing in the civil legislation of our country is different in the Republic of France, and there is also a theory that such a right does not exist because even intangible things are recognized as property. In addition, it has been studied that in the Republic of France, the acquisition of property rights using the period of ownership is 30 years in relation to immovable property, with greater protection of the owner’s interests, if the factual owner is honest (good faith) and it is a factor that shortens the period.

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Yara, Olena, Liudmyla Golovko, Olga Kapplová, Viktoriia Medvedska, and Rastislav Funta. "Legal regulation of the protection of women from domestic violence in Western Europe." LAW. HUMAN. ENVIRONMENT 14, no. 4 (October 10, 2023): 79–91. http://dx.doi.org/10.31548/law/4.2023.79.

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The relevance of the stated issue is explained by the constant increase in the number of reports of domestic violence in the vast majority of European countries. The purpose of the study is to conduct a comparative analysis of the legal framework for protecting women from domestic violence in Western European countries using the examples of Italy, Germany, and France. General theoretical methods of research, namely abstract-logical, systemic-functional, analysis and synthesis, and the comparative method, were used in the paper. It was clarified that the criminalisation of domestic violence victims has become a gradual trend in Western European countries. Protective measures such as issuing protection orders, using Global Positioning System bracelets to track perpetrators, and increasing responsibility for committing domestic violence have been implemented. The necessity of criminalising the crime of stalking was justified in Ukraine. Western European countries actively combat domestic violence in general and towards women in particular. It is established that the feature of the German legal system is the presence of specialised police units whose activities are aimed at protecting victims of domestic violence. France focuses on developing state programmes aimed at protecting individuals who have experienced family violence. In all analysed countries, the legislation ensures the protection of domestic violence victims through the issuance of protective orders. The analysis of the legislation of Italy, Germany, and France disclosed features of legal regulation regarding the protection of women from domestic violence and identified advantages and disadvantages that may exist in this area. The results of the study can be used in the research field as a basis for further studies on the protection of women from domestic violence and in legislative activities, providing recommendations for changes to Ukrainian legislation.

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Diep, Doan Thi Phuong, and Hoang Thi Ngu. "Suggestions for improvement of Vietnam’s criminal law towards crimes against the minor and family." Science & Technology Development Journal - Economics - Law and Management 2, no. 1 (December 28, 2018): 12–20. http://dx.doi.org/10.32508/stdjelm.v2i1.497.

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The application of a criminal sanctions has always been considered carefully because of its heavy consequences. Criminal sanctions are applied for violations in the area of marriage and family as regulated in the criminal law of both Vietnam and France. However, the direction in constructing and applying the law are different between the two countries. As a result, it is necessary to compare the differences between the two jurisdictions to improve the Vietnam’s law. In the context of this article, on the basis of considering and analyzing the provisions of the French criminal law on crimes against the minor and family, the authors offer some suggestions to improve the criminal law of Vietnam.

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Datta, Venita. "Camille Robcis. The Law of Kinship: Anthropology, Psychoanalysis, and the Family in France." American Historical Review 119, no. 4 (October 2014): 1367–68. http://dx.doi.org/10.1093/ahr/119.4.1367.

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Lanzinger, Margareth. "Camille Robcis, The Law of Kinship: Anthropology, Psychoanalysis, and the Family in France." European History Quarterly 46, no. 4 (September 2016): 776–77. http://dx.doi.org/10.1177/0265691416658234am.

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21

Yashchuk, Sergiy. "Organizing the Education Process in France: The Experience of Regional Institute of Social Work Aquitaine, Bordeaux." Comparative Professional Pedagogy 9, no. 1 (March 1, 2019): 81–87. http://dx.doi.org/10.2478/rpp-2019-0010.

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AbstractThe article analyzes the stages of organizing the education process in social schools in France based on the example of Regional Institute of Social Work Aquitaine, Bordeaux. It is found that the Institute pays specific attention to the basic courses: professionalization and methodology; social and solidarity economy; professional approach to service; social connections and exclusion; legal approaches; project development and management; sociology of education; human development; psychopedagogy of animation project; family law; social protection and social security; research methodology; legal approach to information management for the EU countries; humour and pedagogy; oral communication and education; anthropology of education; education and philosophy, the views on the education process: family education; mental disability: history and current events; self-study and lifelong learning; psychology of education: theoretical principles, methods, educational and social practices. It is clarified that the main characteristic of social careers in France, regardless of specialization, is the ability to provide permissive and appropriate mediation between the individual, family and society, state and social structures; to act as a partner, linking the personality and society, children and adults, family and society. It is justified that there is no distinction between “social worker” and “social educator” in France. French specialists consider social work to be “personal support services for people”, which is based on certain sciences (law, psychology, sociology) and accumulated experience of practical sociopsychological, health-improving, rehabilitational and therapeutic support of the individual.

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22

Traer, James F. "Law, Land and Love: Some Reflections on the Legal History of Marriage and the Family." Journal of Family History 12, no. 4 (October 1987): 437–43. http://dx.doi.org/10.1177/036319908701200406.

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After discussing the usefulness and limitations of law and legal documents as a means of studying marriage and the family, the article reviews works by Glendon, Donzelot, Traer, Phillips, and others writing on aspects of inheritance; and closes with some suggestions for research into parent-child relationships and inheritance choices in eighteenth-century France.

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Wells, Charlotte C., and Kristin Elizabeth Gager. "Blood Ties and Fictive Ties: Adoption and Family Life in Early Modern France." American Journal of Legal History 41, no. 1 (January 1997): 165. http://dx.doi.org/10.2307/845499.

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Bosworth, Mary, and Marion Vannier. "Comparing Immigration Detention in Britain and France: A Matter of Time?" European Journal of Migration and Law 18, no. 2 (June 17, 2016): 157–76. http://dx.doi.org/10.1163/15718166-12342097.

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In this article, we explore the human rights implications of immigration detention in Britain and France by focusing on duration. In so doing, we show how practices in both systems fail to meet basic human rights protections, raising urgent questions about the legitimacy and justification of these sites of confinement. Whereas in the uk problems arise from the absence of a statutory upper time limit to detention, in France it is the brevity for which foreign nationals may be held that raises humanitarian concerns. In the uk, the uncertain duration of detention makes it difficult for detainees to obtain or retain legal advice. Those who are held for long periods of time struggle to maintain their right to family life, while most find the lack of clarity about the period of their confinement hard to endure. In France, where most detainees are released or deported within a matter of days, it is often difficult to access due process and legal protections in time. This brief period of confinement before expulsion contrasts with its enduring effect on their family ties and future. Drawing on policy documents, law, and the limited body of empirical material available on these carceral sites, we map the similarities and differences between them in order to identify the limits as well as some prospects of human rights in immigration detention.

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Angelini, Eileen M. "Family, Gender, and Law in Early Modern France ed. by Suzanne Desan, Jeffrey Merrick." French Review 84, no. 3 (2011): 642–43. http://dx.doi.org/10.1353/tfr.2011.0274.

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Watt, J. R. "Family, Gender, and Law in Early Modern France, ed. Suzanne Desan and Jeffrey Merrick." English Historical Review CXXVI, no. 521 (July 25, 2011): 944–45. http://dx.doi.org/10.1093/ehr/cer157.

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Uimonen, Jari. "The Personal Status in French Law: With Special Focus on Overseas Territories." International Journal on Minority and Group Rights 21, no. 4 (October 18, 2014): 451–68. http://dx.doi.org/10.1163/15718115-02104001.

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France has reputation as a highly centralised unitary state. In the background there is, however, a long history of particularism: during the pre-Revolutionary ancien régime, the country had a large number of local coutumes. The colonies formed another question: even after the Revolution of 1789 they were considered as an exception to the major rule. From the 18th century France has used the notion spécialité legislative, which recognises the legal difference in overseas areas. This policy continues in modern France as a different legal treatment of more integrated overseas regions (former territories) belonging to the European Union, and the other overseas collectivities, more loosely connected to Metropolitan France. Signs of legal pluralism can be found from both Metropolitan France and overseas collectivities, but three of the last-mentioned are of special interest to this article: New Caledonia, Wallis and Futuna and Mayotte. In all of them the French Constitution recognises the existence of separate personal status. In New Caledonia and Wallis and Futuna this status is closely related to indigenous custom, dominating the daily life in family relations and land owning. In Mayotte, the personal status is a mixture of Islamic law and African customary law. In other overseas collectivities there are also remnants, or pockets, of personal status visible, but they have no constitutional or official legal recognition. The article shows that although the official French policy has considered the personal status a transitory measure, it is not completely vanishing. In the Pacific region it is even strengthening, as the example of New Caledonia well indicates.

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Thijs, Hannelore. "The Franco-German Common Optional Matrimonial Property Regime: A Guide for Future European Harmonization." European Review of Private Law 29, Issue 3 (July 1, 2021): 489–516. http://dx.doi.org/10.54648/erpl2021025.

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In 2010, France and Germany introduced a common optional matrimonial property regime of participation in acquisitions in both countries. One of its goals was to establish European harmonization, up until then a rare occurrence in the broad field of family law. The harmonization journey was continued by Belgium in 2018, when the Franco-German agreement was taken over in the Belgian Civil Code. This article evaluates the Franco-German regime from both an internal and an external point of view in order to determine the success of this operation. In the internal analysis, the regime will be presented as a modern and balanced compromise between the French and German domestic participation in acquisition regimes. In the external analysis, the regime will be qualified as a legal transplant in Belgium that at this moment in time does not survive the operation. Despite this seemingly negative evaluation, the regime may still increase its success rate, provided all actors involved take the required measures. In any case, the regime should be welcomed as harmonization initiative, considering that new projects may learn from its successes as well as from its stumbling blocks.

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Revillard, Anne. "Work/Family Policy in France: From State Familialism to State Feminism?" International Journal of Law, Policy and the Family 20, no. 2 (May 24, 2006): 133–50. http://dx.doi.org/10.1093/lawfam/ebl009.

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Turner, J. Neville. "The Family Court of Australia: A Triumph or Disaster?" Children Australia 13, no. 4 (1988): 9–11. http://dx.doi.org/10.1017/s031289700000206x.

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The Family Court was introduced in Australia in 1976, almost by legislative legerdemain. There had been little debate about it beforehand. There was no Royal Commission, no Law Reform Report. There was little public agitation or debate about its merits. It was suddenly upon us, as part and parcel of the reform of the divorce laws.How this differs from the position in other countries! In England, the Law Commission invited submissions on Family Courts as early as 1970. The Finer Committee in 1974 strongly recommended them! Numerous commentators since have advocated them in one form or another. The debate continues! But none has yet been set up! France and Germany have established tribunals loosely akin to our Family Court. But they are pallid imitations only. Other countries have tried some experiments. But I know of no country, save possibly Japan, that has established such a radical reform as Australia.

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Krausz, Bernadett. "The Institution of the Maintenance of Minors in France and England and Wales in the Light of Historical Development." DÍKÉ 6, no. 2 (June 17, 2023): 193–205. http://dx.doi.org/10.15170/dike.2022.06.02.14.

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The paper gives an overview of the institution of the maintenance of minors in France and in England and Wales in the light of historical development, by giving a glimpse into the main reforms of French and English family law. In France, the institution is regulated in the Civil Code, in England, separate acts establish the basic concepts and principles. In both countries underage children are entitled to maintenance and the obligation does not cease, when they reach the legal age. The parents are the primary obligees. The principles of calculating the amount of maintenance are similar, the parents’ income conditions and the children’s needs and education are taken into account. The basic principles, the material law aspects are very similar between the two states, but from the procedural law point of view they have different systems.

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Camillo, Marvin Felix, and Soodabeh Khosropur. "Cultural Exchange in the Correctional Milieu: The Family Theatre Company in France." Prison Journal 66, no. 2 (October 1986): 26–39. http://dx.doi.org/10.1177/003288558606600205.

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Martin, Claude. "The reframing of family policies in France: processes and actors." Journal of European Social Policy 20, no. 5 (December 2010): 410–21. http://dx.doi.org/10.1177/0958928710380479.

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Jack, Sybil M. "Bastards: Politics, Family, and Law in Early Modern France by Matthew Gerber (review)." Parergon 29, no. 2 (2012): 243–44. http://dx.doi.org/10.1353/pgn.2012.0120.

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Hofri-Winogradow, Adam S. "Zionist Settlers and the English Private Trust in Mandate Palestine." Law and History Review 30, no. 3 (August 2012): 813–64. http://dx.doi.org/10.1017/s0738248012000260.

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The basic colonial encounter involved a colonizing power and colonized locals. Some colonial situations were more complex, involving a third element: settlers of nonlocal stock originating in an ethnos, or nation, different than that with which the colonizer was identified. Two prominent examples from the annals of the British Empire are the French inhabitants of Nouvelle France after France ceded it to the British in 1763, and the Dutch inhabitants of the Cape Colony after the British conquest of 1806. The British typically permitted such settler populations to retain at least parts of the laws to which they were accustomed, which laws were often based on the laws of the settlers' jurisdiction of origin. As regards settler use of English law, the English sometimes provided for the application of parts of it to non-British settlers, while blocking such settlers' attempts to use other parts. The part of English law most commonly applied to non-British colonial subjects, both settlers and natives, was commercial law, in order to facilitate commerce between different parts of the Empire. The parts least commonly applied to such inhabitants were family law, land law, and the law of inheritance.

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Booley, Ashraf. "Progressive Realisation of Muslim Family Law: The Case of Tunisia." Potchefstroom Electronic Law Journal 22 (October 24, 2019): 1–28. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a2029.

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From the time when women's rights were not placed high on the agenda of any state to the time when women's rights are given top priority, Tunisia's gender-friendly legislation requires a fresher look. One would be forgiven for thinking that Tunisia's reforms started after they gained independence from France in the 1950's. In fact, it was during the French Protectorate that reformers started rumours of reform, arguing amongst other issues for affording women more rights than those they were granted under sharia law, which governed family law in Tunisia. After gaining its independence, Tunisia promulgated the Code of Personal Status, which was considered a radical departure from the sharia. It is considered to be the first women-friendly legislation promulgated in the country. It could be argued that Tunisian family law underwent, four waves of reform. The first wave started during the French Protectorate. The second wave started in the 1950's with the codification of Tunisia's family law, which introduced women-friendly legislation. The third wave started in the 1990's with changes to the Code of Personal Status, and the latest wave commenced in 2010. In this article, I analyse the initial, pioneering phases of the reforms resulting from the actions of a newly formed national state interested in building a free society at the end of colonial rule, as well as reforms that have taken place in the modern state since the Arab uprising in Tunisia. As a result of the various waves of reforms, I argue that Tunisia should be seen as the vanguard of women-friendly legislation in the Arab world.

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Baker, John. "Comparing National Priorities: Family and Population Policy in Britain and France." Journal of Social Policy 15, no. 4 (October 1986): 421–42. http://dx.doi.org/10.1017/s0047279400015488.

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ABSTRACTThe recent discussion of the State Earnings Related Pension Scheme in Britain in terms of the unfavourable demographic position early next century has highlighted how little attention is normally paid by British politicians and social policy analysts to population size and structure. Further, the attention is normally confined to the question of how policy should adapt to demographic change, rather than how to modify it, although Britain has an implicit policy of restricting family size. Britain is not alone in this but many countries show more concern about the future of their population and some wish to increase it. Among these is France. This article compares Britain and France: first, over the priority given to demographic issues by statesmen and academics; and second, over the advantages and problems seen in different demographic futures. It argues that family policy needs to be seen in a demographic context.

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Block, Laura, and Saskia Bonjour. "Fortress Europe or Europe of Rights? The Europeanisation of Family Migration Policies in France, Germany and the Netherlands." European Journal of Migration and Law 15, no. 2 (2013): 203–24. http://dx.doi.org/10.1163/15718166-12342031.

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Abstract Are the restrictive reforms of family migration policy recently implemented in France, Germany and the Netherlands a result of the introduction of the Family Reunification Directive in 2003? Most existing literature on the Europeanisation of migration policies suggests that restriction-minded national governments shift decision-making to the EU level to escape domestic political and judicial constraints. However, as the Treaties of Amsterdam and Lisbon have empowered the Commission and Court to constrain restrictive reform, this perspective is losing analytical validity. Also, this perspective fails to capture the intensifying processes of policy transfer among Member States, which have inadequately been labelled ‘horizontal’ Europeanisation. We therefore propose a new, actor-centred analytical framework of Europeanisation. We show that contrasting yet parallel dynamics of Europeanisation may emanate from a single legislative instrument and may constrain and empower national governments at the same time.

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Han, Seon-Gyu, and Eun-Kyoung Yun. "Review for legislation of telenursing: Focusing on telecare law in France." Wonkwang University Legal Research Institute 29 (June 30, 2023): 5–30. http://dx.doi.org/10.22397/bml.2022.29.5.

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The COVID-19 pandemic has prompted significant transformations in the traditional face-to-face provision of healthcare services, leading to a global surge in diverse forms of digital health. Internationally, there is a growing focus on fostering the digital health industry for disease treatment and health promotion, beyond just teleconsultation and telemedicine. Various healthcare professionals are actively participating in a broad range of telehealth practices, including tele-education, tele monitoring, and telecounseling, with corresponding legislative frameworks being put in place. In response to the COVID-19 crisis, South Korea temporarily permitted telemedicine between physicians and patients. Subsequently, as positive public sentiment towards telemedicine emerged, a revised bill concerning telemedicine was reintroduced. However, the proposed amendments to the medical law still primarily revolve around teleconsultations between doctors and patients, predominantly within hospital. Within South Korea, nurses have been actively engaged in telenursing tasks, encompassing support for teleconsultations, remote monitoring of patients, telecounseling, remote explanations, remote observations, telesurveillance, and tele-education of patients’s family. This involvement extends beyond the context of the COVID-19 infectious disease crisis, encompassing routine scenarios, as part of the Ministry of Health and Welfare's community-based telehealthcare pilot program. Nonetheless, the existing legal framework in South Korea fails to adequately address this reality. Given the actual landscape of remote healthcare in the country and its potential for further advancement, it is crucial to establish legal provisions that encompass the expected roles and responsibilities of nurses, which currently remain unaddressed within the prevailing medical laws. This study considered France which stipulated and legislated the scope of nurse roles, conditions and fees for performance within Telecare Act that was added in Telehealth law in 2019. Through this, this paper discuss the problems and implications of the pilot project about telemedicine in South Korea and matters that should be included in the revision of the law.

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Dean, Janice. "Ideal Type Organisations and Company Law in Europe." European Business Law Review 23, Issue 4 (July 1, 2012): 461–82. http://dx.doi.org/10.54648/eulr2012026.

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Different national cultures within Western Europe have very different models of what constitutes a 'well-functioning organisation'. Looking at the nations with the largest economies in the European Union (the French, Germans, Italians and British), the author considers how some of these different models (the 'pyramid', the 'machine', the 'family' and the 'market') have influenced the company laws of the countries in which they are prevalent. The piece then considers the implications for European Union company law of the variations between the predominant national models. Strengths and weaknesses of the various ideal types of organization and other possible models are considered. This article will examine companies in the quartet of European Union countries which have an annual GDP exceeding 1.5 trillion euros: Germany, France, the UK and Italy. Very broadly, two of them, France and Italy are Southern European (traditionally mainly Catholic) in culture as well as geographically, the other two are Northern European (historically mainly Protestant). The four nations remain diverse in economic structure, and particularly in average company size and the use of capital markets, although (with Germany being much the largest) the scale of the economies is similar. These major European Union countries also have different pre dominant models of effective corporate organisation, regulation and management. The discussion will contend that the diverse sets of regulations in part stem from, and are connected to, varied models of what constitutes a 'well-functioning organisation' in the four nations. These pervasive 'ideal types' of the effective organisation might be expected to influence what governments, shareholders and other stakeholders expect of the major companies and how corporate leaders behave. In the European Union, it is argued that national cultures, including views of what constitutes a well-functioning organisation, still provide the basis for social interaction including business activity. Some implications of these underlying differences of perspective for greater co-ordination of company law at European Union level will also be addressed. The strengths and weaknesses of the various 'ideal types' of organisation will be considered. Finally, some possible alternative conceptions of the 'well-organised' company in the 21st Century will be discussed. The continuing diversity of national cultures between Germany, France, the UK and Italy is reflected in their nationals' preferred ways of conceptualising organisations, including major business organisations. Hofstede quotes Owen J Stevens' study at INSEAD Business School - "The majority of the French tended to resolve [a conflict] by referring to the hierarchy; the British, through horizontal negotiation; and the Germans, through the establishment of procedures. Stevens identified the implicit model of a well-functioning organization for the French as a pyramid, that for the British as a (village) market, and that for the Germans are a well-oiled machine." As far as Italy is concerned, the 'family' model remains most salient. These observations led the current author to further examination of those models in the national contexts as they connected to company law. Questions of the adequacy or otherwise of those mental pictures also arose.

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Fattal, Simone. "Alexis de Tocqueville, Democrat in America, Colonizer in Africa." Review of Middle East Studies 45, no. 1 (2011): 37–43. http://dx.doi.org/10.1017/s2151348100001889.

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Alexis de Tocqueville was born an aristocrat, in the very conservative region of Normandy, in France in 1805. He was at the same time an admirer of the French Revolution, although due to his upbringing and family, he was unable to subscribe to all the principles inherent to that revolution. Tocqueville remains admirable on that score, as he lived under the counterrevolution and participated in the government of the new monarchy. His contradictions made him an observing outsider. He studied law and went into politics. He accompanied his friend, Gustave de Beaumont, who was sent by his government to the New Republic of America, to study the U.S. prison system for its eventual application in France. They cosigned the subsequent report.

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Biland, Émilie, and Hélène Steinmetz. "Are Judges Street-Level Bureaucrats? Evidence from French and Canadian Family Courts." Law & Social Inquiry 42, no. 02 (2017): 298–324. http://dx.doi.org/10.1111/lsi.12251.

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Although judges were included in the street-level-bureaucracy (SLB) group by Lipsky (1980), sociolegal scholars have barely used this theoretical framework to study them. This article aims to specify their position with respect to SLB in order to bridge the gap between public administration and sociolegal research. Specifically, using a cross-national ethnography of judicial institutions, it compares family trial judges' practice on the ground in France and Canada. General conditions separate them from the core SLB group: encounters with clients are less direct; discretion is more legitimate. However, French judges are far closer to the SLB group than their Canadian counterparts regarding public encounters and case processing. As such, the accuracy of the SLB framework depends on professional and cultural patterns that combine differently in these two national contexts.

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Selmani-Bakiu, Arta. "Joined and Responsible Parenting." SEEU Review 12, no. 1 (June 1, 2017): 149–65. http://dx.doi.org/10.1515/seeur-2017-0011.

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Abstract In the contemporary family law, parents are obliged to arrange the joined implementation of the parenting rights either by their own will or through the help of their lawyers and/or mediators. This institute of mutual agreement is known as joined custody or joined implementation of the parenting right after the divorce of the marriage. This institute makes it possible for parents who live separately to arrange their custody rights in the most convenient way for the child. With a joined custody agreement, the parents accept the obligation to implement all the rights and duties that constitute the parenting right even in case of their separation. Through not dividing their rights from their obligations and with the aim of being closer to the needs of the child, the institute of joined custody helps avoid the feelings of hostility and disagreement in regard to the judicial decision which gives permanent custody to one of the parents. This institute is incorporated in the family law of many countries (Sweden, Norway, Finland, Denmark, UK, France, Italy, Germany, Belgium, Switzerland, Hungary, Czech Republic, USA and Australia). This article aims to emphasize the need to introduce in the family law of RM an explicit provision for joined and responsible custody after the divorce in order to achieve the best interest of the child. There is a joined initiative of parents who live separately from their children who request the amendment of the Family Law of RM in this direction.

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Wurmnest, Wolfgang. "Trees or Forest? – Colloque international et Session internationale d’études doctorales sur la réception du droit communautaire en droit privé des États Membres." European Review of Private Law 11, Issue 3 (June 1, 2003): 477–80. http://dx.doi.org/10.54648/erpl2003029.

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The impact of European Law on national private law and the idea to harmonise larger fields of private law seemed to be less discussed in France than elsewhere in Europe. Few conferences touched upon this field and French doctrine was rather quiet on this subject. This has changed fundamentally. The Commission’s Communication on European Contract Law triggered a discussion on the desirability and necessity of a European unification of private law. Many academics voiced their concerns and Ives Lequette rejected the idea fiercely. Against this background more than 160 academics from all over France and other EU Member States participated actively in the “Colloque international sur la réception du droit communautaire en droit privé des États Membres”. The conference was organised by Jean-Sylvestre Bergé and Marie Laure Niboyet and hosted by the University Paris X-Nanterre. The discussions during this congress made clear that the severe criticism expressed by some French legal writers towards the Europeanization of private law must be seen as the exception and not the rule. The conference focused on the reception of European Law in the fields of contract and tort law, family law, labour law, international private law and law of procedure. Each field was presented by a French and a foreign speaker. The Colloque was accompanied by a “Session internationale d’études doctorales” where young researchers from many EU-Member States formed six working groups on the aforementioned topics. The intention of the Session was twofold: each group followed a work program to analyse selected problems in a comparative perspective. The second and even more important aim was to enhance the exchange between the different legal cultures in Europe.

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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, no. 2 (May 9, 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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Osipov, Evgeny Aleksandrovich. "French Decree on Family Reunification of 1976 in the context of the migration issue." Genesis: исторические исследования, no. 11 (November 2023): 1–9. http://dx.doi.org/10.25136/2409-868x.2023.11.68982.

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The article analyzes the French migration policy in the 1960s and 1970s, when a large number of migrant workers from the Maghreb countries arrived in the country, with an emphasis on the significance of the decree on family reunification that came into force in 1976. In modern historiography, both French and Russian, there is an idea that this decree became one of the main mistakes of the presidency of Valery Giscard d'Estaing, symbolized the beginning of the policy of opening borders, attracting a large number of migrants from North Africa to the Fifth Republic and ultimately served as a starting point for the spread of Islam in France, the growth of religious radicalism and, in general, to the modern crisis of national and religious identity. The article is based on the latest achievements of French and Russian historiography. In particular, for the first time in Russian historiography, the results of the research of the French historian Muriel Cohen are introduced into scientific circulation, largely due to which the interpretation of the 1976 decree has changed in France. The article shows that in fact, the procedure for family reunification has not changed significantly since the end of World War II. However, depending on economic conditions and the degree of need for new migrants, law enforcement practice has changed. The French authorities liberally interpreted the issue of housing compliance with established standards in the 1960s during a period of shortage of workers, and vice versa, seriously approached the issuance of certificates of compliance with housing conditions in the 1970s. During the growth of unemployment and discontent of the French population with a large number of migrants from the Maghreb countries. Thus, the decree adopted in 1976 did not make significant adjustments to the migration policy of France and did not lead to an increase in the number of migrants in the country.

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Bastard, Benoit. "Family mediation in France: a new profession has been established, but where are the clients?" Journal of Social Welfare and Family Law 32, no. 2 (June 2010): 135–42. http://dx.doi.org/10.1080/09649069.2010.506309.

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Марченко, Михаил, and Mikhail Marchenko. "FEATURES OF JUDICIAL PRECEDENT IN THE ROMAN-GERMAN SYSTEM OF LAW." Journal of Foreign Legislation and Comparative Law 2, no. 1 (March 16, 2016): 0. http://dx.doi.org/10.12737/18172.

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The article deals with the main features and characteristics of judicial precedent in the Roman-German law system in comparison with the “classical” precedent — a source of Anglo-Saxon law. Among the features of the system of judicial precedent in the Roman-German law are the following: ambiguity of the phenomenon of precedent and its continental doctrine and concepts; secondary and dual nature of the precedent over other sources of law of that legal family; selective attitude to different branches of law; diversity of the legal basis of precedents in different countries and differentiated approach to the recognition of legal effect of precedents. The technical and legal aspects of a precedent in the system of the Roman-German law, in particular the special nature of the publications of decisions of the higher courts and others are pointed out. The main features and characteristics of judicial precedent and its doctrine in the Roman-German law are disclosed by the example of case law of Germany, France, Spain, Italy and some other countries.

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Fötschl, Andreas. "The COMPR of Germany and France: Epoch-Making in the Unification of Law." European Review of Private Law 18, Issue 4 (August 1, 2010): 881–89. http://dx.doi.org/10.54648/erpl2010065.

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Abstract: France and Germany adopted a Common Matrimonial Property Regime in January 2010. Spouses can elect to have the new regime applied which combines French and German principles of matrimonial property. It is open for access to all the Member States of the European Union. The new regime can be relevant even in States that have not chosen to adopt it, when the parties could have opted for French or German law and preferred to choose the new regime. This bilateral cooperation in family law could be followed by further initiatives, as well in other fields of law. Résumé: La France et l’Allemagne ont conclu, en janvier 2010, un traité sur le régime matrimonial de la participation aux acquêts. Le nouveau régime est optionnel et devrait combiner des principes français et allemands de droit des régimes matrimoniaux. Les autres Etats de l’Union européenne sont invités à adhérer à la convention. Les époux des Etats non-adhérents ou d’autres Etats pourront aussi choisir le nouveau régime, si le droit international privé applicable leur permet d’opter pour le droit français ou le droit allemand. Cette coopération bilatérale en droit de famille pourrait suivie par de nouvelles initiatives dans d’autres branches du droit. Zusammenfassung: Frankreich und Deutschland haben im Januar 2010 ein gemeinsames Regime für das Ehegüterrecht beschlossen. Das neue Regime kann von den Ehegatten gewählt werden und soll französische und deutsche Grundsätze des Ehegü-terrechts verbinden. Das neue Regime steht Mitgliedsstaaten der Europäischen Union zum Beitritt offen. Auch ohne Beitritt und für andere Staaten kann das neue Regime Bedeutung erlangen, wenn die Parteien französisches oder deutsches Recht wählen konnten und für das neue Regime optiert haben. Dieser bilateralen Zusammenarbeit im Familienrecht könnten weitere Kooperationen auch in anderen Rechtsbereichen folgen.

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Tuttle, Leslie. "Bastards: Politics, Family, and Law in Early Modern France. By Matthew Gerber. Oxford University Press. 2012. 263pp. £45.00." History 98, no. 331 (July 2013): 461–63. http://dx.doi.org/10.1111/1468-229x.12017_23.

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Journal articles on the topic 'Family law - France'

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