Articoli di riviste sul tema "Section of Family Law"
Segui questo link per vedere altri tipi di pubblicazioni sul tema: Section of Family Law.
Cita una fonte nei formati APA, MLA, Chicago, Harvard e in molti altri stili
Vedi i top-50 articoli di riviste per l'attività di ricerca sul tema "Section of Family Law".
Accanto a ogni fonte nell'elenco di riferimenti c'è un pulsante "Aggiungi alla bibliografia". Premilo e genereremo automaticamente la citazione bibliografica dell'opera scelta nello stile citazionale di cui hai bisogno: APA, MLA, Harvard, Chicago, Vancouver ecc.
Puoi anche scaricare il testo completo della pubblicazione scientifica nel formato .pdf e leggere online l'abstract (il sommario) dell'opera se è presente nei metadati.
Vedi gli articoli di riviste di molte aree scientifiche e compila una bibliografia corretta.
1
Beddu, Muhammad Juni, Novi Yanti, Noviyanti Noviyanti, Neri Aslina e Normadiah Daud. "Caesarean Section in the Perspective of Family, Health, and Islamic Law". Al-Istinbath: Jurnal Hukum Islam 9, n. 1 (31 maggio 2024): 359. http://dx.doi.org/10.29240/jhi.v9i1.8373.
Testo completoAbstract (sommario):
This research explores the complexities of cesarean section in the context of family, health, and Islamic law. The main objective is to understand the views and experiences of Muslim families regarding cesarean sections, as well as analyze the health impacts and legal implications associated with them. The research enriches understanding of the role of cesarean section in Muslim communities, provides comprehensive insight into aspects of family, health, and Islamic law, and offers a framework to support informed decision-making in medical practice and health care policy. This study uses qualitative methods in describing family perspectives, Islamic health, and legal aspects regarding cesarean sections. The research approach used is a legal and sociological approach. The analysis method used is content analysis to explore family perspectives, Islamic health, and legal aspects regarding cesarean sections. The findings reveal a range of perspectives among Muslim families regarding caesarean sections, with health and safety considerations being major factors in decision-making. The health impact of cesarean section on mother and baby, including risks and benefits, is also examined in depth. In Islamic law, caesarean section is permitted if necessary, to protect the life of the mother or baby. Ethical and clinical recommendations should reflect relevant religious values and views. To make a decision regarding a cesarean section, it is important to consider a variety of factors, including family views, aspects of health, and Islamic law.
2
Słyk, Jerzy. "The Legal Content of Parental Authority in Polish Family Law". Prawo w Działaniu 32 (2017): 85–97. http://dx.doi.org/10.32041/pwd.3206.
Testo completoAbstract (sommario):
The article constitutes a synthetic analysis of the legal content and the definition of parental authority in the Polish legal system. In the first section, the author discusses the relevant scholarly findings, and quotes and comments on the existing definitions of parental authority, and the theories of its structure (content). The second section outlines and analyses the principles of exercising parental authority provided for by Polish family law. The considerations are centred around the recent amendments of the regulations that determine the manner of exercising parental authority, which are subjected to critical assessment. In the final section, the author takes into account the previous considerations, and refers to the propositions of terminological changes concerning the institution of parental authority, in particular the notions of replacing the aforementioned term with the expression “parental responsibility”. The author also offers arguments against such a modification.
3
Lühn, Tim. "Non–Conformity of Section 15 German Foreign Tax Code Concerning the Taxation of Foreign Family Trusts with EC Law?" Intertax 36, Issue 11 (1 novembre 2008): 520–22. http://dx.doi.org/10.54648/taxi2008074.
Testo completoAbstract (sommario):
This article analyzes the EC law conformity of Section 15 German Foreign Tax Code (‘GFTC’), a special regulation concerning the taxation of foreign family trusts according to German domestic tax law. In particular, it reflects on the current infringement proceeding initiated by the European Commission dating 23 July 2007 and the proposed new amendment of Section 15 GFTC by the German annual tax law for 2009 recently introduced by the German government as a consequence of the infringement proceeding. According to the current German legislation, in case a family trust established its registered office or its management in Germany, the settler as well as the beneficiaries must pay tax on benefits deriving from the family trust. However, for tax anti–avoidance reasons, if the family trust is domiciled abroad, the family trust assets as well as the trust income is attributed to the settler and to the beneficiaries and regarded as derived for domestic tax purposes, irrespective of whether and in what amount benefits are actually derived from the family trust. As a matter of fact, Section 15 GFTC lays down that the income of a foreign family trust is taxed (on a yearly basis) even though no income is distributed to the settler or the beneficiaries but maintained within the family trust. Consequently, this income derived according to Section 15 GFTC has to be declared in the annual income tax return and the non–compliance in doing so should be qualified as tax evasion according to Section 370 German Fiscal Code. The importance of Section 15 GFTC was shown just recently, when the global tax evasion scandal was discovered in February 2008 in Germany. The respective tax evasion discovered was based on the non– disclosure of income derived by family trusts located in Liechtenstein according to Section 15 GFTC.
4
Norazlina Abdul Aziz, Rozlinda Abdullah, Irini Ibrahim e Nurazlina Abdul Raof. "DUTY OF PATERNAL FAMILY MEMBERS IN THE MAINTENANCE OF CHILDREN ACCORDING TO SECTION 73(2) OF ISLAMIC FAMILY LAW (SELANGOR) ENACTMENT 2003". IIUM Law Journal 29, (S1) (12 maggio 2021): 111–34. http://dx.doi.org/10.31436/iiumlj.v29i(s1).638.
Testo completoAbstract (sommario):
Section 73 of Islamic Family Law (Selangor) Enactment 2003 provides that it is the duty of the paternal family to provide maintenance to the children in the event of the father’s death, missing in action or suffers from any disabilities. However, the efficiency of this provision depends on the understanding and application by the courts and the person who is said to be liable under ‘hukum syarak’. Currently there is not many studies conducted on the efficiency of this provision in solving cases where there is a failure to provide maintenance to children in the circumstances stated above. This study analyses the application of section 73 of Islamic Family Law (Selangor) Enactment 2003 with the aim of looking into the efficiency of this section in solving the issue children’s maintenance. The study adopts a qualitative method that involves doctrinal study, arm-researcher approach and semi-structured interviews. The provision, scope and jurisdiction of section 73 of Islamic Family Law (Selangor) Enactment 2003 is analysed in detail. The semi-structured interview delves into the current practice of the court in the Federal Territories where the views of selected respondents ranging from the judges in the Shariah courts in the Federal Territories, Shariah law practitioner, and academics. This study finds that the existing laws are somewhat insufficient in addressing issues of child maintenance and lack of awareness on the claimant (mother and children) on the responsibility of the extended family. The study proposed some recommendations for some reforms of the current law and practice.
5
Oldham, Mika. "BALANCING COMMERCIAL AND FAMILY INTERESTS UNDER TLATA 1996, s. 15". Cambridge Law Journal 60, n. 1 (marzo 2001): 1–58. http://dx.doi.org/10.1017/s0008197301740615.
Testo completoAbstract (sommario):
THE The Mortgage Corporation v. Shaire [2000] 1 F.L.R. 973, is the first case to apply section 15 of the Trusts of Land and Appointment of Trustees Act 1996. Neuberger J. in the Chancery Division confirmed, contrary to dicta in TSB plc v. Marshall [1998] 2 F.L.R. 769, that on an application for an order for sale of mortgaged property section 15 gives the court greater flexibility than it had under its predecessor, the Law of Property Act 1925, s. 30.
6
Akhtar, Zia. "Conflict of Laws, Choice of the Forum Court in the us, and the Due Process in Family Law Disputes". International and Comparative Law Review 21, n. 1 (1 giugno 2021): 184–210. http://dx.doi.org/10.2478/iclr-2021-0007.
Testo completoAbstract (sommario):
Summary In the United States (US) the family law litigant will have to consider the implications of laws that are federally recognised and those which the state embodies in its own family law statutes. The function of the equal protection clause and due process clause of the Fourteenth Amendment of the Constitution protects the parties in family disputes that reach the court. The operation of the Full Faith and Credit Clause is an important consideration and is central to the question if the court can apply the law of the forum court (lex fori) or that of the state where the dispute emanated. The federal constitution allows the state courts to apply marriage laws of another state. If the issue is procedural, then the law of the state will be applied where the dispute that gave rise to the litigation (lex loci). This paper examines the interstate in family law by considering marriages, child custody, and adoption rules and it enquires whether the courts have been sufficiently consistent in interpreting family law of the state in accordance with Article IV, Section 1. There is also a section that compares the law in the US with the application of the lex fori rules in family cases in the Scottish jurisdiction and how that influences parties in family law disputes.
7
Nótári, Tamás, e Előd Pál. "Gondolatok és javaslatok a román Polgári törvénykönyv magyar fordításához". Erdélyi Jogélet 2, n. 2 (novembre 2021): 41–64. http://dx.doi.org/10.47745/erjog.2021.02.03.
Testo completoAbstract (sommario):
In this paper, we wish to make a few comments on the third edition of the hungarian translation of the Romanian Civil Code, without claiming to be exhaustive. Our translation suggestions concern certain provisions of personal (and family) law, law of property and law of obligations. We will expand on the concepts of legal personality, legal capacity and capacity to act in the personal law section, the concepts of property and assets in the law of property section, and the relationship between the concepts of legal fact and deed in the law of obligations section, and then make translation and correction suggestions for all the other articles in the books mentioned.
8
Pettker, John D., e Alexander D. Cross. "The New Anti-Freeze Law: A Meltdown for the Family Firm?" Family Business Review 2, n. 2 (giugno 1989): 153–72. http://dx.doi.org/10.1111/j.1741-6248.1989.00153.x.
Testo completoAbstract (sommario):
A new Section 2036(c), the antifreeze law, has been added to the Internal Revenue Code. This new law dramatically changes the tax consequences of many transactions intended to pass all or a portion of a family business on to the next generation. This article explores the mine field laid out by the anti-freeze law and charts a variety of safe passages.
9
Huq, AWM Abdul. "Section 4 of the Muslim Family Laws Ordinance, 1961: A Critic". Northern University Journal of Law 1 (7 aprile 2014): 7–13. http://dx.doi.org/10.3329/nujl.v1i0.18521.
Testo completoAbstract (sommario):
Law, whether divine or manmade, is always for the well-being of the human beings. In other words, laws are ultimately related to life experiences which are not a monopoly of the theologians only.1 As the society is not any constant phenomenon, it inevitably changes every moment. As a result laws are needed to be changed in compliance with the changing demands of the society. In Islamic Legal System as well the iron fist of taqlid (the doctrine of imitation) had to give way to ijtihad (meaning independent and free exercise of intellect to interpret interpretation of Islamic laws). It is always open for and permitted to, the thinkers, lawmakers and the rulers who are entrusted to apply shariah in society. In this short commentary I intend to address a particular issue relating to the orphaned childrens inheritance right. This is an extremely practical anomaly of the Doctrine of Representation usually escaping our notice.DOI: http://dx.doi.org/10.3329/nujl.v1i0.18521 Northern University Journal of Law Vol.1 2010: 7-13
10
Szerstobitow, Andriej. "Взгляды профессора Е. В. Васьковского на систему российского гражданского права и современность". Studia Iuridica 70 (8 novembre 2017): 0. http://dx.doi.org/10.5604/01.3001.0010.5654.
Testo completoAbstract (sommario):
The article is devoted to the views of Professor E. V. Vaskovsky on the system of Russian civil law of the late XIX beginning of XX centuries. Giving a presentation on the civil law system E. V. Vaskovsky, first of all, emphasizes the feasibility of isolation in a special section of the general part. The most important parts of civil law system, he believes property law, law of obligations, family law and inheritance law, constitute a special part of civil law. Author composed of sections, which are section of the special part of civil law, including the rights materialized, embodies the bearer. Summing up the views of E. V. Vaskovsky on the system of civil law, it should be noted that along with the traditional inclusion of family law, the novella is extremely large character that took place in the end of XIX century in the field of legal regulation of intellectual creativity, and found in it reflected. Further, the article presents a generalized analysis of the current system of the Russian civil law. The concept of the civil law system, all also based on the division into the general and special part. Now, however, in the civil law system is allocated a number of subbrunches. Selecting subbrunches of the modern civil law associates with the isolation of each of them with their own general part. Currently, the structure of the special part of civil law includes the following subbrunches: corporate law; property law; inheritance law; law of obligations; the law of “intellectual property”; commercial law. Historical experience has shown that the “materialized rights” that E. V. Vaskovsky also singled out in the structure of the special part of civil law did not subbrunch of the modern Russian civil law, as the rapid development of the stock exchange trade resulted in the so-called “dematerialization” of securities, which is the main instrument of the stock market. Currently, the data set of rules should be considered as one of the most important institutions of commercial law as a subbrunch of modern civil law.
11
Dr. Mufti Muhammad Anas Rizwan e Dr. Abdur Rauf Khatana. "Mediation in Family Disputes: An Appraisal of the Role of Arbitration Councils". Al Basirah 10, n. 02 (5 febbraio 2022): 45–60. http://dx.doi.org/10.52015/albasirah.v10i02.44.
Testo completoAbstract (sommario):
Arbitration is a form of alternate dispute resolution (ADR) in which the matters are settled outside the court. In Family matters,arbitration plays a vital role in overcoming the differences between spouses. In the Family Laws of Pakistan, a body is designed for thearbitration of disputing couples which is termed as arbitration council. Although it is stated in section 7 (4) of Muslim Family Law Ordinance and section 10 of Family Court Act that the chairman of the council will constitute an arbitration council and an attempt for the reconciliation will be conducted but the criteria for the representatives of the council and implementation of their decisions are not determined. In this work, doctrinal and non-doctrinal mood of research is conducted to evaluate the satisfaction of female litigants dealing with the process of arbitration council. The paper is divided into four parts. The first part discusses the authority and process of arbitration council in Islamic law. The second part describes the process of arbitration council in Pakistani law. The third part elaborates the empirical data collected from the female litigants in the Pakistani courts. The forth part of the paper provides the results of arbitration process from the courts ant its adequacy, The paper suggests that in Pakistan the process of arbitration in divorce cases is not satisfactory. Therefore, in divorce cases, suited criteria for appointment of arbitrators and arbitration process should be determined.
Keywords: Arbitration Council, Arbitrators,, Muslim Family Law,Pakistani Law, Reconciliation.
12
Gallinucci-Martinez, Andrea. "Proposal for an Italian Family Mediation Clinic". International Journal of Clinical Legal Education 25, n. 1 (4 aprile 2018): 79. http://dx.doi.org/10.19164/ijcle.v25i1.695.
Testo completoAbstract (sommario):
<p align="JUSTIFY">Section A of this paper discusses the historical evolution of clinical legal programs in the United States, the homeland of clinical legal education. Next, the current framework of Italian legal clinics is discussed, focusing on its American heritage and associated nuances.</p><p>Section B considers why mediation would be particularly suitable for the creation of an Italian legal clinic, given the recent incentives created by the European legislature to strengthen alternative dispute resolution. The evolution of the Columbia Law School Mediation Clinic is described, from its beginning to the recent creation of an advanced clinic model, and insights from this process are discussed in terms of the Italian legal and family environment.</p><p>Section C lays out baseline considerations and recommendations for creating a family mediation clinic at LUMSA. Three different approaches to family and community mediation previously adopted in the context of clinical legal education are analysed: facilitative mediation, transformative mediation, and peacemaking circle. A model for the clinic is proposed, with suggestions for sources and materials from which the curriculum might be drawn.</p>
13
Campbell, Alan. "I Wish the Views Were Clearer: Children's Wishes and Views in Australian Family Law". Children Australia 38, n. 4 (dicembre 2013): 184–91. http://dx.doi.org/10.1017/cha.2013.28.
Testo completoAbstract (sommario):
In 2006, legislative changes were made to the Australian Family Law Act 1975. These changes included a revision of the matters that must be considered when determining children's best interests following parental separation, at Section 60CC. This section lists two ‘primary considerations’, which relate to the child's having a ‘meaningful relationship’ with both parents and ensuring that children are safe in their interactions with their parents and others in their lives. The first of the ‘Additional considerations’ under Section 60CC concerns ‘any views expressed by the child and any factors (such as the child's maturity or level of understanding) that the court thinks are relevant to the weight it should give to the child's views’. This consideration differs from that in the pre-2006 Act, which referred to a child's ‘wishes’ rather than her/his ‘views’. There is evidence, however, that those working in the family law system may not yet have made the shift towards understanding what these changes may entail.In this article I explore the differences between the concepts of ‘wishes’ and ‘views’ as they relate to children in family law matters. I argue that these concepts are qualitatively different, and that children's ‘views’ are far more encompassing than their ‘wishes’. Moving to a far broader understanding of children and their ability to understand issues that directly affect their lives may lead to the development of more comprehensive decisions about their futures.
14
Kekere, Alaba Ibironke, e Oluwadara Oluwaseun Ajidasile. "The Problems and Prospects of Child Adoption in Nigeria". Global Journal of Politics and Law Research 11, n. 2 (15 febbraio 2023): 1–16. http://dx.doi.org/10.37745/gjplr.2013/vol11n2116.
Testo completoAbstract (sommario):
It is not in dispute that children are an integral part of every family. More often than not, the absence of children in a family is viewed as problematic, especially in a place like Nigeria where indigenous customs and traditional practices still largely govern the beliefs of people. It is expected that every marriage should produce biological children; however, some couples are not that fortunate for various reasons ranging from barrenness to loss of pregnancy or non-survival of children. To this end, adoption offers such couples an alternative which makes it possible for them to have children which they can legally call their own, with all the rights, privileges and responsibilities over such children as if they were the biological parents. Although adoption is not a novel practice in the Nigerian Family Law, many challenges have hampered the smooth running of the process, particularly in recent times. Sadly, chief among these challenges is the bizarre reality of “baby factories” that the social welfare system has had to grapple with. Hence, in order to aid a proper interrogation of relevant issues, this paper is divided into five sections. Section I deals with introductory matters in relation to adoption; section two considers the legal framework regulating adoption in Nigeria; section three which is the thrust of the paper, considers the problems facing the child adoption system in Nigeria; section four takes a look at the position of intercountry adoption as well as the future of adoption in Nigeria; while section five concludes with meaningful suggestions that could uncurl the adoption system in Nigeria.
15
Nuzula, Nikmatun. "Pembagian Harta Bersama Akibat Perceraian di Pengadilan Agama Kediri". Mahakim: Journal of Islamic Family Law 1, n. 1 (1 gennaio 2017): 27–38. http://dx.doi.org/10.30762/mahakim.v1i1.45.
Testo completoAbstract (sommario):
In a general way, the division of community property in divorce at Religion Justice of Kediri utilizes the aught rule on Section 97 Islamic Law Compilations, where is division in that section names that widow or divorce widower lives each get half of community properties. But then available a case where Judges in the Religion Justice of Kedir establish another, which deviates from aught rule in Section 97 Islamic Law Compilation which is, each one third part for husband, and two third part for wife of the community property. This research focuses on 1) What do become the judge’s judgment in deciding matter Number 0168 / Pdt. G / 2014 / PA. Kdr in contrast to aught order in Section 97 KHI; 2) What implications of be applied contra legem in that verdict. In this research, the writer utilizes qualitative approach and field research. Meanwhile, in data collection utilizes interview and documentation. Data analysis uses content analysis of verdict through theory which is available with its practice at the site. This observational result concludes that there is three prime factors of the judge’s judgment in deciding the division matter of the community property Number 0168 / Pdt. G / 2014 / PA. Kdr variably diffrent of section 97 Islamic Law Compilations, which is: 1 ) Since wife while parted by divorces by husband not charge iddah’s earningses, mut ’ ah and past earnings; 2 ) Since wife have greater contributions in render community property; 3 ) as patriarch that ought to meet the family needs, husband has pointed out accountability heaving full as head of family. So if Judge applies rule of law ground, which is by applying Section 97 Islamic Law Compilation are assessed wrongful. Judge moring to advance to perceive justice than rule of law. Therefore of that, Judges in deciding a matter don’t be glued on written order only. Contra legem is form Judge as enforcer of law and justice that not only advance rule of law ground but also utilize justice ground judgment and benefit. Contra legem’s implemented implication can evoke new law that its following can be made as jurisprudence if there is a similar case.
16
Sucevic, Radmila. "Legal regulation of domestic violence in Croatia". Temida 6, n. 2 (2003): 61–65. http://dx.doi.org/10.2298/tem0302061s.
Testo completoAbstract (sommario):
Family Law passed in 1998 introduced the term domestic violence for the very first time in Croatian legal system. Article 118 of this Code contains explicit ban of if violent behavior of a spouse or other adult family member. Violation of this ban is, according to the article 362, a misdemeanor, and the sanction is up to 30 days of imprisonment. Article 118 is placed under section of parental care, subsection is Protection of rights and welfare of a child and minors. Entering article regarding family violence into this section and connecting violent behavior only to a spouse or other adult family member is dangerous, because of possibility for restrictive interpretation of this article in practice and giving protection only to children. However, in practice, although the implementation of this law started late, in June 1999, police mostly intervene and protect victims of domestic violence in all cases, no matter if it is a family with or without children. From January 1st 2001 violent behavior in a family is provided as criminal offence (article 215 of the Criminal Code). Sanction for this offence is from three months up to three years of imprisonment.
17
Cummings, Tristan. "Utilizing Systems Theory Insights and Reflexive Law to Negotiate the “Collision between… Un-connecting Worlds” in Family Law". Journal of Law, Religion and State 9, n. 2-3 (22 novembre 2021): 212–43. http://dx.doi.org/10.1163/22124810-2021j004.
Testo completoAbstract (sommario):
Abstract This article defends an analytical framework based on systems theory, reflexive law, and Teubner’s regulatory trilemma. J v B exemplifies the numerous overlapping social relations, and forms a case study on the relationship between the State, community, and minority religious individuals, and on how this relationship can break down from the systems theoretical perspective. The article uses this case as a testing ground for a modified systems theoretical approach, treating this conflict between family law and religion as a regulatory problem. Although it centers on English family law, the article should be read as a piece of normative legal theory of general application. In the final section, it explores reflexive secularity and how this may apply in cases where law and religion interact, such as J v B.
18
Fikriyah, Uswatul. "Engagement Cancellation and Its Legal Implication In Malaysia (Woman’s Rights Perspective)". JURISDICTIE 6, n. 2 (13 marzo 2017): 98. http://dx.doi.org/10.18860/j.v6i2.4102.
Testo completoAbstract (sommario):
This article aims to describe the legal implication of engagement cancellation in Malaysia and to analyze the woman’s rights protection aspect in Act 303 Islamic Family Law Federal Territory 1984 in Malaysia. This article based on library research focuses on regulation Islamic Family Law Federal Territory Act 303 year 1984 of Malaysia, particularly concerning on about betrothal or Engagement. The result of this study show that the implication of engagement itself could open the opportunities to both of bride and groom to understand and know each other. The implications of engagement cancellation that can be taken from section 15 Act 303 Islamic Family Law Federal Territory. In Islamic family law in Malaysia especially Act 303 Federal Territory Islamic Family Law 1984 women have rights in accordance with their position, namely in the form of rights before marriage, the rights within marriage and the last is the rights after divorce. Women's rights protection aspects contained in the Act 303 Islamic Family Law Federal Territory generally not only in case of engagement cancellation or breach of promise of marriage (bethrothal) but in all the rights of women in marriage. It has the purpose to protect women's rights.
19
Mohd Nor, Aishah, Nurhidayah Muhammad Hashim, Nur Ezan Rahmat, Noraini Md. Hashim, Zuliza Kusrin, Latifah Abdul Majid e Norai'nan Bahari. "Comparative Analysis of Reconciliation Procedures in Syariah and Civil Courts". Malaysian Journal of Social Sciences and Humanities (MJSSH) 7, n. 10 (31 ottobre 2022): e001854. http://dx.doi.org/10.47405/mjssh.v7i10.1854.
Testo completoAbstract (sommario):
Reconciliation in divorce proceedings has been introduced in family courts in dealing with application for divorce. This study focuses on the functions, the appointment of committees, and the procedures of reconciliation in Shariah courts and Civil courts to compare the practice of laws between Section 47(5) to (17) of the Islamic Family Law (State of Selangor) Enactment 2003 (IFLSE 2003) and Section 106 of the Law Reform (Marriage and Divorce) Act 1976 (LRA 1976). This study was conducted through doctrinal and comparative legal research of the existing literature, including academic articles, statutes, and case laws relating to reconciliation. The findings establish the similarities and differences of both statutes. This study suggests that a reconciliation before a legal proceeding may employ a subtler approach for out-of-court negotiation leading to potentially better results.
20
Post, Robert C., e Reva B. Siegel. "Legislative Constitutionalism and Section Five Power: Policentric Interpretation of the Family and Medical Leave Act". Yale Law Journal 112, n. 8 (giugno 2003): 1943. http://dx.doi.org/10.2307/3657473.
Testo completo
21
Kennett, Wendy. "Family Law; Civil and Commercial Matters; the Hague Conventions in the Internet Age". International and Comparative Law Quarterly 49, n. 2 (aprile 2000): 497–507. http://dx.doi.org/10.1017/s0020589300064277.
Testo completoAbstract (sommario):
On 27 July 1999 a UK Act was passed to “make provision for giving effect to the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption concluded at the Hague on 29 May 1993” and “to make further provision in relation to adoptions with an international element”.1 At the time of writing, however, the UK had not ratified the Convention. By section. 18(3) the Act will be brought into force on a date appointed by statutory instrument.
22
Králíčková, Zdeňka. "Changes in Czech Family Law in Light of the Principles of European Family Law". Law, Identity and Values 1, n. 1 (2021): 85–98. http://dx.doi.org/10.55073/2021.1.85-98.
Testo completoAbstract (sommario):
Czech family law has recently been re-codified as part of the new Civil Code. The intention of its main drafters was to build on the values and traditions of Christian-Jewish culture in the Czech Republic and to enrich Czech family law with a new dimension, especially in relation to international human rights conventions and developments in the field of human rights in general. Some sections have also been significantly influenced by the Principles of European Family Law (PEFL) developed by the Commission on European Family Law (CEFL) aiming at ‘better law’ and the harmonization of family law systems in Europe. It was stressed that the Principles of European Family Law regarding Divorce and Maintenance Between Former Spouses, the Principles of European Family Law regarding Parental Responsibilities and the Principles of European Family Law regarding Property Relations Between Spouses were published during the time of recodification of the new Civil Code and took into consideration. However, the Principles of European Family Law regarding the Property, Maintenance and Succession Rights and Duties of Couples in de facto Unions were published later. It is unclear whether the concept of unmarried cohabitation will be a challenge for Czech legislators. One can agree with the view that the new private law code should, in principle, cover all private law matters, including family law, as is customary in countries with comparable legal environments. And finally, the article was focused on the pending drafts, as developments in this area are not over, as further changes are on the way.
23
Fontana, Sina. "MIGRATION MANAGEMENT WITHIN FAMILY REUNIFICATION". Administrative law and process, n. 4 (27) (2019): 47–64. http://dx.doi.org/10.17721/2227-796x.2019.4.05.
Testo completoAbstract (sommario):
Family reunification is one of the purposes of stay within the Residence Act. The granting of the residence permit is fundamentally designed as a claim and must be granted if the requirements are met. In the course of ongoing forced migration, family reunification has become the focus of debates for ways to limit refugee migration. Since Article 6, Paragraphs 1 and 2 of the German Basic Law on the protection of marriage and family do not give rise to a right to entry, although its scope of protection must be taken into account when designing regulations on family reunification, the legislative scope for action is limited. The German legislature has decided that family reunification should be limited for persons with subsidiary protection status. Subsidiary protection is an element of protection that is shaped by EU law, which occurs alongside national asylum law and refugee protection, which is also shaped by EU law. Different requirements apply to these protective elements. Upon recognition, a humanitarian residence permit is issued, which differs in length depending on the protection status. While in the case of recognition as a person entitled to asylum or refugee status, the residence permit is initially issued for a period of one year, the duration in the case of subsidiary protection is only one year. In all cases there is the possibility of an extension. This different length of stay and the lower prospect of staying are the starting point for the restriction of family reunification for persons entitled to subsidiary protection in Section 36a of the Residence Act. As specified in the regulation as an example, family members of a person with subsidiary protection status can be granted a residence permit for the humanitarian reasons. The family reunification is now made dependent on the existence of further prerequisites in addition to family ties and is also designed not as a right but as a discretionary clause. In addition, the number of visas is limited to 1000 per month. Concerns about this restriction of family reunification were raised, in terms of possible violation of Article 6 Paragraphs 1 and 2 and Article 3 Paragraph 1 (Equality before the law) of the German Basic Law. Based on this, the following article carries out a constitutional analysis.
24
BURHAMZAH, OKY DEVIANY. "NIKAH SIRI DALAM PERSPEKTIF HUKUM PERKAWINAN NASIONAL". University Of Bengkulu Law Journal 1, n. 1 (22 aprile 2017): 29–44. http://dx.doi.org/10.33369/ubelaj.1.1.29-44.
Testo completoAbstract (sommario):
Abstract Marriage is one of the importants event in human lifes, particularly for moslem family. Bacause of its important, then marriage regulated not only on state laws, but in Al-quran as well. In Marriage Law in Section 1 of Article 1, mentioned that marriage is legal if conducted according to their religion and beliefs. Meanwhile in Section 2 of Article 2, mentioned that each marriage noted according to the applicable law. Based on that articles above, then marriage registration is not legality condition of marriage. Nikah Siri that conducted without registered, but according to the principles and condition of islamic marriage law. This is give rise to pro and contra in the society related to that legality of marriage.
25
BURHAMZAH, OKY DEVIANY. "NIKAH SIRI DALAM PERSPEKTIF HUKUM PERKAWINAN NASIONAL". University Of Bengkulu Law Journal 1, n. 1 (22 aprile 2017): 29–44. http://dx.doi.org/10.33369/ubelaj.v1i1.1326.
Testo completoAbstract (sommario):
Abstract Marriage is one of the importants event in human lifes, particularly for moslem family. Bacause of its important, then marriage regulated not only on state laws, but in Al-quran as well. In Marriage Law in Section 1 of Article 1, mentioned that marriage is legal if conducted according to their religion and beliefs. Meanwhile in Section 2 of Article 2, mentioned that each marriage noted according to the applicable law. Based on that articles above, then marriage registration is not legality condition of marriage. Nikah Siri that conducted without registered, but according to the principles and condition of islamic marriage law. This is give rise to pro and contra in the society related to that legality of marriage.
26
Carroll, Lucy. "The Pakistan Federal Shariat Court, Section 4 of the Muslim Family Laws Ordinance, and the Orphaned Grandchild". Islamic Law and Society 9, n. 1 (2002): 70–82. http://dx.doi.org/10.1163/156851902753649289.
Testo completoAbstract (sommario):
AbstractSection 4 of the Pakistan Muslim Family Laws Ordinance, 1961, dramatically altered the law of succession applicable to Muslims by granting to the orphaned grandchild(ren) the share that their deceased parent would have taken had s/he survived the propositus. The principle of representation incorporated in the Pakistani solution contrasts with the compulsory bequest relied upon by several Middle Eastern countries to deal with the same problem, although arguably representation more closely reflects the experience and expectations of the people of Pakistan. Nearly two decades later, the Federal Shariat Court was established and endowed with jurisdiction to declare a law contrary to "the Injunctions of Islam" and thus void. Some laws, however, were specifically exempted from the Court's jurisdiction; falling within this category is "Muslim Personal Law." A 1981 decision of the appellate Court (the Shariat Bench of the Supreme Court) held that the provisions of the Muslim Family Laws Ordinance were included within the phrase "Muslim Personal Law," and were thus outside the jurisdiction of the Federal Shariat Court. This position was reversed by another decision of the appellate Court in 1993, and the provisions of the Ordinance were immediately challenged on the basis of their alleged divergence from the "Injunctions of Islam." This essay reviews the provisions of section 4 of the Ordinance and examines the decision of the Shariat Court as regards this particular provision.
27
Garland, Fae. "Gender Imbalances, Economic Vulnerability and Cohabitation: Evaluating the Gendered Impact of Section 28 of the Family Law (Scotland) Act 2006". Edinburgh Law Review 19, n. 3 (settembre 2015): 311–32. http://dx.doi.org/10.3366/elr.2015.0293.
Testo completoAbstract (sommario):
Section 28 of the Family Law (Scotland) Act 2006 provides a system of financial provision for cohabitants upon separation that centres on redressing economic imbalances to ensure no-one is dramatically better or worse off financially than the other as a result of the relationship. Designed to be similar yet different to the marital regime, this section fundamentally sought to balance the need to protect the financially vulnerable against the need to respect the privacy of those who have chosen not to marry. Yet how far has s 28's balancing act protected the economically vulnerable in practice? Moreover, given that research has consistently demonstrated that it is women who are most frequently left in an economically vulnerable position upon separation, has s 28 reduced the gendered imbalances that can manifest themselves upon separation? To answer these questions, this article explores the gendered impact of s 28 and considers how effectively this section has operated in practice.
28
Jamneck, Juanita. "The Problematic Practical Application of Section 1(6) and 1(7) of the Intestate Succession Act under a new Dispensation". Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, n. 3 (24 aprile 2017): 997. http://dx.doi.org/10.17159/1727-3781/2014/v17i3a2276.
Testo completoAbstract (sommario):
In recent years many developments have taken place in the field of the law of succession. Du Toit aptly states that "despite the static image that the law of succession often projects, it is a vibrant area of the law that has undergone dramatic changes in recent times and will continue to do so in future". This is indeed the case, as has been illustrated numerous times by the decisions in our courts as to the meaning of the word "spouse" and the recognition of the family as an important social institution. Although the family as an institution is not per se protected in the Constitution, our courts have recognised it as a vital social institution that comes in many different shapes and sizes and it has stressed that one form of family cannot be entrenched at the expense of other forms. As a result of various decisions on the meaning of the word "spouse" under a new dispensation, a Discussion Paper, in the form of Discussion Paper 129 (Project 25) Statutory law revision: Legislation administered by the Department of Justice and Constitutional Development (2011), has seen the light in order to suggest amendments to certain legislative provisions. Unfortunately certain issues covered in this Discussion Paper have not been clearly set out and need further investigation.
29
Sachs, Honor. "“Freedom By A Judgment”: The Legal History of an Afro-Indian Family". Law and History Review 30, n. 1 (febbraio 2012): 173–203. http://dx.doi.org/10.1017/s0738248011000642.
Testo completoAbstract (sommario):
On May 2, 1771, John Hardaway of Dinwiddie County, Virginia posted a notice in theVirginia Gazetteabout a runaway slave. The notice was ordinary, blending in with the many advertisements for escaped slaves, servants, wives, and horses that filled the classified section of theGazettein the eighteenth century. Like countless other advertisements posted in newspapers wherever slaves were held, Hardaway's advertisement read: “Run away from the subscriber, a dark mulatto man slave named Bob Colemand, 25 years old, tall, slim, and well made, wears his own hair pretty long, his foretop combed very high, a blacksmith by trade, claimed his freedom under pretense of being of anIndianextraction.”
30
Mostofa, Md, Kazi Sonia Tasnim e Md Zahidul Islam. "INHERITANCE RIGHT OF ORPHANED GRAND CHILDREN: BANGLADESH PERSPECTIVES". Journal of Asian and African Social Science and Humanities 8, n. 4 (29 dicembre 2022): 37–48. http://dx.doi.org/10.55327/jaash.v8i4.285.
Testo completoAbstract (sommario):
The dilemma of inheritance of grandchildren from the pre-deceased child is one of the most critical areas of Islamic law. According to the classical interpretations of Islamic law, any son of the deceased in general excludes such grandchildren. However, many states brought certain changes into the existing format of Islamic law of succession so as to shield such grandchildren from total exclusion. Egypt, Tunisia, Syria, Morocco, Pakistan and Bangladesh are remarkable for binging changes in this particular area. Pakistan brought a significant change in 1961 by section 4 of the Muslim Family Laws Ordinance (MFLO), which is a milestone event in the history of reformation of Islamic law. In Bangladesh the same law become accepted through the promulgation of the Laws Continuance Enforcement order, 1971’.Section of the MFLO affected the whole structure of Islamic Law of Succession. The main contribution of this work is an attempt to draw the attention of the proper authority for taking steps to ensure the right of orphaned grandchildren and other heirs not violating the Islamic law of succession. For this purpose the author tries to show the injustices to some heirs and the provisions of Islamic law of succession which have been violated caused by the section 4 of MFLO and lastly the author has set up a method that ensures the right of the orphaned grandchildren neither violating the Islamic rule nor excluding any heir. It is a qualitative research.
31
Aslam, Rabbia. "Women Subordination Through Patriarchal Discursive Practices Regarding Inheritance". Pakistan Journal of Gender Studies 1, n. 1 (8 marzo 2008): 35–46. http://dx.doi.org/10.46568/pjgs.v1i1.254.
Testo completoAbstract (sommario):
This paper examines socio-cultural practices that deter women from claiming their rights to inherit family property although it is given to them by their religion and is upheld by law. The first section of the research is a brief discussion of research setting and methods. The second section analysis of the data depicts discursive practices such as, patriarchal socialization, decision-making, and customs. It particularly looks at dowry as a custom and as a tool for maintaining women’s subordination. The third section examines the legal hindrances women face to get their inheritance. Finally, this paper presents a brief appraisal of patriarchy as it works for the perpetuation of women’s subordination.
32
Greenberg, Neil, e Niki Haines. "The Use of Section 136 of the Mental Health Act 1983 in a Family of Rural English Police Forces". Medicine, Science and the Law 43, n. 1 (gennaio 2003): 75–79. http://dx.doi.org/10.1258/rsmmsl.43.1.75.
Testo completoAbstract (sommario):
Section 136 of the Mental Health Act 1983 is used by police officers to detain persons who they feel might be suffering with mental disorder until a formal Mental Health Act assessment can be undertaken. Previous studies have shown that the outcomes of these assessments result in remarkably different rates of subsequent hospital admissions. Within a rural setting it has also been shown that the rate of use of Section 136 varies considerably. This study examines the use of Section 136 within a family of eight police forces that have been matched to ensure that they cover similar populations. The results show that there are considerable variations in the use of Section 136, with the Devon and Cornwall region using the section over two and a half times the mean for the group. Possible reasons for this discrepancy are discussed.
33
Mostyn, Nicholas. "Voidable marriages". Ecclesiastical Law Journal 26, n. 1 (gennaio 2024): 20–40. http://dx.doi.org/10.1017/s0956618x2300073x.
Testo completoAbstract (sommario):
AbstractThis article critiques the decision of the Court of Appeal in Re SA (Declaration of Non-Recognition of Marriage) [2023] EWCA Civ 1003. In Re SA the Court of Appeal held that: (1) by operation of section 16 of the Matrimonial Causes Act 1973, a voidable marriage is not void at its inception and is therefore not caught by section 58(5)(a) of the Family Law Act 1986, and (2) the effect of section 16 of the 1973 Act is that a voidable marriage starts off fully valid but only on making a decree absolute of nullity becomes invalid. This article contends that the approach adopted by the Court of Appeal in SA is conceptually challenging, based on a misreading of the statutory language, and is directly contrary to long-established and powerful authorities.
34
SEDAKOV, S. YU. "PROTECTION OF FAMILY PROPERTY AND INTERESTS OF CREDITORS". Ser-11_2023 64, n. 5, 2023 (20 giugno 2024): 239–47. http://dx.doi.org/10.55959/msu0130-0113-11-64-5-14.
Testo completoAbstract (sommario):
The article examines the monograph by A. V. Kopylov “Legates, fideicommissas and donations in case of death in Roman classical law” (M., Gorodets, 2021). It is noted that a monograph on the stated topic is a natural stage of the author’s research work. The monograph rst of all determines the place of these institutions in Roman civil law. At the same time, the connection between these institutions of inheritance law and the institutions of property law and, in general, their role in the circulation of things is shown. One of the main tasks that were solved through the use of legates and deicommissas was the transfer of rights to things in order to protect the interests of family members (heirs under a will). The author points out the genetic connection between institutions. A. V. Kopylov examined the historically rst forms of institutions (mainly legates and deicommissae), as well as their features that developed by the classical era, and, as necessary, comparisons with the subsequent era take place. In the nal section of the study, the author contains a brief historical outline of the development of the institutions discussed in the book. The review notes that the appendix to the main text contains an extensive list of author’s translations of fragments of the Corpus iuris civilis, the sixth book of the Justinian Code and Novellas, previously unknown to Russian readers. The main conclusions of the review can be reduced to the fact that the monograph by A. V. Kopylov is of great scienti c importance and is of interest both to novelists, philologists, historians, and to a wide range of students and graduate students.
35
Chotalia, Shirish P. "Arbitration Using Sharia Law in Canada: A Constitutional and Human Rights Perspective". Constitutional Forum / Forum constitutionnel 15, n. 1, 2 & 3 (24 luglio 2011): 2006. http://dx.doi.org/10.21991/c9ww9d.
Testo completoAbstract (sommario):
Recently, Canadian media reports warned that the Government of Ontario was considering the implementation of Sharia law as a judicial equivalent to Ontario law.1 Such reports were not accurate. Rather, the issue was whether arbitration by Islamic tribunals using Muslim law, which is often called Sharia law by non- Muslims, ought to be allowed under the auspices of general arbitration statutes.2 A cross-section of Muslim Canadians actively mobilized to oppose such a possibility through coalition- building and letter-writing campaigns.3 In June 2004, Marion Boyd was commissioned by the province to examine the issues surrounding the use of private arbitration to resolve family and inheritance cases, and the impact of the same on vulnerable people. The Boyd Report, tabled in December 2004, recommended that religious institutions be allowed to arbitrate such disputes on the basis of religious law, provided that a list of forty-six safeguards were adhered to.4 After the Boyd Report, some religious groups argued in favour of religious adjudications.5 Much public debate ensued, leading to a vociferous statement by Premier Dalton McGuinty, who vocally rejected religious adjudication.6 Further, the Government of Ontario outlined that it “will ensure that the law of the land in Ontario is not compromised, that there will be no binding family arbitration in Ontario that uses a set of rules or laws that discriminate against women.”7 The province amended its Arbitration Act8 and Family Law Act9 to provide that family arbitrations were conducted “in accordance with Ontario law or the law of another Canadian jurisdiction.”
36
De Jong, M. "Arbitration of family separation issues – a useful adjunct to mediation and the court process". Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, n. 6 (14 novembre 2014): 2356. http://dx.doi.org/10.4314/pelj.v17i6.04.
Testo completoAbstract (sommario):
For over half a century now, section 2(a) of the Arbitration Act 42 of 1965 has prohibited arbitration in respect of matrimonial and related matters. In this article it will be illustrated that this prohibition is clearly incompatible with present-day demands. Today there is a strong tendency in public policy towards alternative dispute resolution processes such as arbitration. As any recommendations that arbitration should be applied to family law disputes must be anchored in an analysis of the specific character of the arbitral remedy, the article begins by giving a broad overview of the nature of arbitration. This is followed by a discussion of the present-day demand for family arbitration, which examines the problems experienced with the adversarial system of litigation in resolving family law disputes, party autonomy, the development of alternative dispute resolution processes such as mediation and arbitration, the special synergy between mediation and arbitration, the success of arbitration in other fields of law and possible forerunners for family arbitration in South Africa. Inherent in the demand for family law arbitration are the many advantages of arbitration, which are also touched upon. Thirdly, current trends in England, Australia, the United States of America, Canada and India are analysed so as to identify a suitable family law arbitration model for South Africa. Special attention is paid to the matters that should be referred to arbitration – for example, should it be confined to matrimonial property and financial disputes or extended to all matters incidental to divorce or family breakdown, including children's issues? Other questions examined include whether family arbitration should comply with substantive law only, who should act as arbitrators, whether family arbitration should be voluntary or compulsory, what the court's role in the family arbitration process should be, and whether family law arbitration should be regulated by the existing Arbitration Act or by a separate statute with specialised rules for family matters. Lastly, it is concluded that although family arbitration will not have universal appeal or common application, it should be encouraged and enforceable for those who choose this private alternative dispute settlement technique to resolve their family disputes.
37
Ablyatipova, N., e I. Yashina. "Section of Common Debt of Spouses: Selected Problems of Theory and Law Enforcement Practice". Bulletin of Science and Practice 10, n. 3 (15 marzo 2024): 493–98. http://dx.doi.org/10.33619/2414-2948/100/64.
Testo completoAbstract (sommario):
The article is devoted to the study of theoretical and practical issues of dividing the common debts of spouses. During the study, the authors examined approaches to defining the concept of “common debts of spouses” and analyzed legal norms on the division of common debts of spouses. Judicial practice (of courts of general jurisdiction and arbitration courts) has been studied to identify problems that arise in judicial practice when considering cases of division of property. Based on the results of the work, the authors proposed solutions to problems arising in judicial practice when considering disputes about the division of property, which consist in the need to make changes to family and civil legislation.
38
Würth, Anna. "A Sanaʿa Court: The Family and the Ability to Negotiate". Islamic Law and Society 2, n. 3 (1995): 320–40. http://dx.doi.org/10.1163/1568519952599277.
Testo completoAbstract (sommario):
AbstractIn this article, I explore how social change has affected families in Sanaʿa, the capital of Yemen, drawing on court judgments and my observation of court cases in the family law section of a primary court. Social change has affected lower-class urban families by diminishing the significance of kinship relations for marital arrangements, and, more importantly, by reducing the family's embeddedness in surrounding social communities. As a result, the role of communities in the settlement of marital disputes has decreased, and such disputes are increasingly taken to court. In this context, the court appears to be less an arena for the (re)-negotiation of social ties and the reconciliation of spouses than for the dissolution of such ties and the normative assessment of familial roles.
39
Paiva, Saul Martins, Letícia Pereira Martins, Jéssica Madeira Bittencourt, Licet Alvarez, Ana Maria Acevedo, Verónica Cepeda, Carmen Aminta Galvez et al. "Impact on oral health-quality of life in infants: Multicenter study in Latin American countries". Brazilian Dental Journal 33, n. 2 (aprile 2022): 61–67. http://dx.doi.org/10.1590/0103-6440202204929.
Testo completoAbstract (sommario):
Abstract To assess the impact of oral conditions on oral health-related quality of life (OHRQoL) in infants in ten Latin America countries (LAC). A cross-sectional study was conducted with 930 pairs of 1-to-3-year-old children/parents from 10 LAC, as a complementary study of the Research Observatory for Dental Caries of the Latin American Region. The scale ECOHIS, previously tested and valid in ten countries, was applied to parents/caregivers of children to measure OHRQoL. Statistical analysis included descriptive data analysis and one-way analysis of variance (ANOVA-One-Way) were performed to compare age groups with OHRQoL. Bootstrapping procedures (1000 re-samplings; 95%CI Bca) were performed. The mean scores of the ‘Child Impact’ section in the LAC was 4.0(±8.3), in the ‘Family Impact’ section was 2.0(±4.0), and in overall ECOHIS score was 6.0(±12.0). In the ‘Child Impact’ section, Argentina 10.0(+2.4) and Venezuela 17.8(±17.5) demonstrated mean scores higher than the LAC total data. In the ‘Family Impact’ section, the countries with higher mean scores were Argentina 4.9(±2.0), Ecuador 2.1(±3.1) and Venezuela 7.9(±7.8). In the overall ECOHIS score, Argentina 15.1 (±4.1) and Venezuela 25.7(±25.2) has higher mean scores than the values of LAC. There is an association between children's age and parents' report of impact on the OHRQoL (p<0.001). Three-year-olds had a higher mean when compared to one- and two-year-olds, both in the Impact on the Child and Impact on the Family (p<0.001) sections, as well as in the overall ECOHIS (p<0.001). In conclusion, there are differences in OHRQoL among Latin American countries, impacting older children more significantly.
40
Szewczyk, Helena. "EQUAL RIGHTS OF WORKING SPOUSES AND OTHER PERSONS WHO FULFIL FAMILY RESPONSIBILITIES AND THE MAINTENANCE OF THE BALANCE BETWEEN WORK AND FAMILY LIFE". Roczniki Administracji i Prawa specjalny, n. XXI (30 dicembre 2021): 413–26. http://dx.doi.org/10.5604/01.3001.0015.6147.
Testo completoAbstract (sommario):
The improvement in the quality of life of an employed person and his/her sustainable development are the basis of the concept of work-life balance. In this concept, the professional and private spheres are of equal importance and should complement and strengthen each other. The objective of ILO Convention 156 and ILO recommendation 165 related to it, is to ensure equal treatment and equal opportunities in the scope of employment and professional activity of working women and men who fulfill family responsibilities. Art. 33 section 2 of the Charter of Fundamental Rights of the European Union and the European pillar of social rights provides accordingly. The permanence of marriage and equal rights of spouses are among the basic principles of Polish family law. Equal rights of women and men in the context of equal rights of persons carrying out parental and care responsibilities are a fundamental constitutional principle in our country. Therefore, new legal regulations at the EU and national level concerning the balance between the professional and private life of parents and guardians are necessary. It should be de lege ferenda called for the inclusion of the concept of balance between professional and private life of working people who perform parental and guardian functions in labor law and family and guardianship law in a wider scope. It seems that nowadays the most important problem is the introduction of legal solutions in the field of work exemptions, employee holidays and more flexible working hours for employees who have care responsibilities towards the elderly or chronically ill (parents, parents-in-law, siblings) to the Labor Code
41
Van, Gayа. "Section on marriage and family in the Civil Code: values, innovations, applicability". Legal Science in China and Russia, n. 4 (16 settembre 2021): 43–51. http://dx.doi.org/10.17803/2587-9723.2021.4.043-051.
Testo completoAbstract (sommario):
On May 28, 2020, at the third session of the National People’s Congress (NPC) of the 13th convocation, the “Civil Code of the People’s Republic of China” (hereinafter referred to as the Civil Code) was considered and adopted. The section “Marriage and family” is the fi fth part of the “Civil Code”, consisting of fi ve chapters, a total of 79 articles, including general provisions, marriage, family relations, divorce and adoption. The value positioning of the section on marriage and family in the Civil Code is refl ected in the general provisions. That is, “marriage and family are protected by law.” “Institutions of freedom of marriage, monogamy and equality between men and women should be introduced in order to protect the legitimate rights and interests of women, minors, the elderly and the disabled.” and “The best family traditions should be established in the family, family virtues should be promoted and the formation of family culture should be appreciated.”The editing of the Section on “Marriage and Family” in the Civil Code demonstrates the legislative concept of protecting the rights and interests of marriage and family for common citizens, guiding the development of marriage and family, and regulating marriage and family relations. System innovation is refl ected in the following fi ve aspects:First: The addition of an institute about peers. Article No. 1045 in the Civil Code states: The number of relatives includes spouses, blood relatives and relatives. Spouses, parents, children, brothers and sisters, grandparents, grandparents on the mother’s side, grandchildren and grandchildren are part of close relatives. Spouses, parents, children and other close relatives living together are considered family members.Secondly: Improving the institution of marriage. That is, the removal and modifi cation of the conditions of the prohibition of marriage: The former provision is excluded — “To suffer from medically recognized diseases for which one should not marry”; To amend the institution of the legal force of marriage: the exclusion and reduction of the established circumstances of the invalidity of marriage and the increase of the established circumstances of the dissolution of marriage; The creation of the institution of marriage assistance: in the conditions of the invalidity or dissolution of marriage, a person who has no fault has the right to sue for damages.Third: The addition of family relations. Family relations include marital relations, relations between parents and children, and relations between other close relatives. The improvement of the legislation of marital relations is refl ected in the following three aspects: the establishment of the right to daily representation of married couples in family affairs, the criteria for approving the joint debt of the spouses, the right to fi le a claim for the division of the joint property of the spouses in marriage. The improvement of the legislation on the relationship between parents and children is refl ected in two aspects: the defi nition of the institution of confi rmation and denial of parents, and the rules on determining the child’s surname. Fourth: Changing the institution of divorce. This institute continues the main concept of the divorce legislation of the People’s Republic of China — to ensure freedom of divorce and against frivolous divorce; To demonstrate the main goal of assistance in divorce on sexual equality — to protect the rights and interests of divorce and to ensure the interests of women.The change in this regard includes three aspects: First, the change in the terms of the divorce. The change in the conditions for registering a divorce is refl ected in the defi nition of the sober period of divorce. A change in the conditions of the divorce process, this manifests itself as an addition to the circumstances of the divorce established by law. Secondly, the establishment of a rule on the upbringing of children by divorced parents. Thirdly, the improvement of the institution of assistance in divorce. In this context, we mean expanding the scope of the institute of compensation for contributions to housework, restoring the institute of fi nancial assistance in divorce, improving the application of the institute of compensation for damage in divorce.Fifth: The addition of the Institute of Adoption. To supplement and improve the conditions of adoption include: expanding the age of the adopted person, clarifying the conditions of the adopted person, optimizing the restrictions on the adoption of children of the opposite sex by persons without spouses, performing the adoption procedure, in the case when establishing an adoption relationship, it is required that the civil affairs departments of the people’s governments at the county level and the highest state bodies conduct an assessment of adoption in accordance with the law.The “Civil Code” came into force on January 1, 2021. In order to promote the implementation of the “Civil Code”, on December 29, 2020, the Supreme People’s Court published No. 1 explanation “On the application of the Section on Marriage and Family in the Civil Code of the People’s Republic of China”, this explanation is divided into six parts: general provisions, marriage, relations between spouses, relations between parents and children, divorce, appendix, a total of 91 articles, it clarifi ed the circumstances of the application and validity of the Section on “Marriage and Family” in the Civil Code. The entry into force of the Section on "Marriage and Family" in the Civil Code will create a new mentality of creating marriage and family, and provide normative acts and guiding behavior for equal, harmonious and civilized relations between marriage and family.
42
Najibah Mohd Zin, Nora Abdul Hak, Abdul Ghafur Hamid @ Khin Maung Sein e Hidayati Mohamed Jani. "THE AMENDMENT TO THE LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976: RECONCILING THE IRRECONCILABLE". IIUM Law Journal 29, (S1) (12 maggio 2021): 1–15. http://dx.doi.org/10.31436/iiumlj.v29i(s1).631.
Testo completoAbstract (sommario):
This article examines the ramifications of the recent amendment to the Law Reform (Marriage and Divorce) Act 1976 (Act 164) in protecting the wellbeing of the family relationship involving interfaith marriage and other legal issues governing non-Muslim families. The amendment witnessed substantial reforms to section 51 of Act 164 pertaining to the divorce on the ground of conversion, increasing the age limit for child maintenance and adopting more flexible principles in dividing matrimonial assets. However, the focus will be on the impact of the amendment to section 51 of Act 164 due to its significant in changing the landscape of legal arguments pertaining to jurisdiction of the court in dealing with the subject matter in dispute, ranging from the divorce and other intense arguments pertaining to maintenance of wife, child custody and religious status of children. The study adopts qualitative study in elucidating relevant documents that comprised of statutory laws, articles in legal journals and decided cases where arguments leading to the need for the reform of those affected issues were well addressed. Certain aspects of Islamic jurisprudence will be referred to and analysed in searching for authoritative and practical legal arguments within the existing legal framework. Harmonisation of law is adopted whenever applicable when dealing with the resolution of conflict of laws. It is hoped that this study will provide constructive argument and invaluable source of reference for the Malaysian civil court in disposing of interfaith family disputes when the law is fully enforced.
43
Manthwa, Tshepo Aubrey. "The role of the recognition of the Customary Marriages Amendment Act 1 of 2021 and wills in determining the proprietary consequences of polygynous customary marriages [Discussion of Mshengu v Estate Late Mshengu (9223/2016P) 2021 ZAKZPHC 49 (6 August 2021)]". Stellenbosch Law Review 34, n. 3 (2023): 451–59. http://dx.doi.org/10.47348/slr/2023/i3a5.
Testo completoAbstract (sommario):
The Recognition of Customary Marriages Amendment Act 1 of 2021 amends section 7(1) of the Recognition of Customary Marriages 120 of 1998 as a sequel to Gumede v President of the Republic of South Africa 2009 3 SA 152 (CC) and Ramuhovhi v President of the Republic of South Africa 2018 2 SA 1 (CC) in which this section was declared unconstitutional on the basis that it unfairly discriminated, on the basis of gender and race, against women married in terms of customary law before the commencement of the Act. According to the Constitutional Court, these women did not have the right to possess property in terms of customary law, which left them especially vulnerable in the absence of statutory protection if their marriages were dissolved for example. The achievement of gender equality is an important transformative and social justice goal in South Africa. Over the years, the courts have reconstructed customary law to promote gender equality. Customary law traditionally did not discriminate against women and they were allowed to manage property. However, this changed after contact with colonialism where, through collaboration with African men, women were treated as minors. This was a distortion of the legal system. The problem is that all the focus, including that of the courts and the legislature, is on the distorted version of customary law, and the true version that did not discriminate against women is being ignored. Consequently, in reconstructing and creating gender equality, a new form of customary law is being created, namely constitutional customary law. The true form of customary law does not recognise private ownership of property, A person can only manage property, not own it, but through constitutional customary law, the court and legislature have imposed common law concepts such as joint and equal ownership of property. This has unfortunate consequences, such as the fact that a customary heir can alienate family property after divorce while disregarding any responsibility to the family.
44
Boterere, Shammah, e Charles Maimela. "Reconciling Lobolo with the Equality Principle: The need to realign official customary law with living customary law of South Africa". De Jure 56, n. 1 (7 febbraio 2023): 704–18. http://dx.doi.org/10.17159/2225-7160/2023/v56a40.
Testo completoAbstract (sommario):
Much scrutiny has recently been directed towards African customary law mostly because of its traditionally patriarchal nature, which conflicts with the inalienable constitutional principle of equality. The landmark decision of Mabena v Letsoalo 1998 2 SA 1068 (T) comes to the fore wherein the High Court fostered constitutional values and championed living customary standards in respect of a lobolo dispute. This paper builds on this decision and undertakes desktop research on the potentially unfair discrimination of women in respect of the lobolo practice under official customary law. In this respect, gender validates lobolo under the Recognition of Customary Marriages Act 120 of 1998 (the Recognition Act) in that only the prospective husband or the head of his family has a duty to furnish lobolo while only the bride's family head may receive the lobolo, at the exclusion of all others. In consideration of this, the paper sets out to evaluate whether the statutory gender requirement can survive constitutional scrutiny because it potentially marginalises women. The overarching aim of this paper is to analyse the obstacle that section 1 of the Recognition Act places on prospective brides by hindering them from furnishing lobolo to the family head of a prospective husband in consideration of a customary marriage. Furthermore, the paper also explores whether this prohibition aligns with the needs of contemporary society and whether the prohibition amounts to unfair discrimination. This being said the paper concludes that the Recognition Act's lobolo gender requirement is unjustifiable and violates women's human rights, and law reform is necessary to align official customary law with living customary law and constitutional values.
45
Lessin, Lori. "Book Section: Essay and Review: Assessment of Family Violence: A Handbook for Researchers and Practitioners". Journal of Psychiatry & Law 33, n. 1 (marzo 2005): 113–14. http://dx.doi.org/10.1177/009318530503300106.
Testo completo
46
Vickovic, Samuel G., e Weston J. Morrow. "Examining the Influence of Work–Family Conflict on Job Stress, Job Satisfaction, and Organizational Commitment Among Correctional Officers". Criminal Justice Review 45, n. 1 (18 luglio 2019): 5–25. http://dx.doi.org/10.1177/0734016819863099.
Testo completoAbstract (sommario):
Correctional officers perform a unique job that can lead to various negative outcomes. Understanding factors that can have harmful effects on important organizational attitudes like job stress, job satisfaction, and organizational commitment is imperative for the effective management of correctional institutions. Using survey data from 641 correctional officers employed at two Southwestern state-run prison facilities, the current study examines the influence of two measures of work–family conflict (WFC, strain- and time- based) on job stress, job satisfaction, and organizational commitment while controlling for many known antecedents of these variables. The results suggest that strain-based conflict is a significant predictor of job stress and job satisfaction, while time-based conflict only predicted job satisfaction. Neither measure of WFC had a significant relationship with organizational commitment. These findings are further contextualized in the discussion section with an emphasis on potential policy implications.
47
Saez, Macarena. "Same-Sex Marriage, Same-Sex Cohabitation, and Same-Sex Families around the World: Why Same Is So Different Book reviews/Comptes rendus/Buchbesprechungen". European Review of Private Law 19, Issue 5 (1 ottobre 2011): 631–68. http://dx.doi.org/10.54648/erpl2011046.
Testo completoAbstract (sommario):
Abstract: Forty years ago, same-sex couples were not legally accepted in any country. In the last thirty years, however, around 20% of countries have granted some rights to same-sex couples, making them visible to society. While there are still countries that criminalize sexual relations among two consenting adults of the same sex, other countries are allowing same-sex couples to marry and form a family. Countries that have decriminalized sexual relations between individuals of the same sex have shortly thereafter seen a rise in the public debate about formal recognition of same-sex couples. At the centre of this debate is the role of marriage. While some scholars claim that marriage is essentially heterosexual and the basis for societal structure, others consider the exclusion of same-sex couples from marriage to be unfair discrimination. Both positions are represented in the reports received for the XVIIIth Congress of the International Academy of Comparative Law. Section 1 of this article briefly explains the situation of same-sex couples in countries that have opened marriage to individuals of the same sex. Although there may be a common understanding of what marriage entails, in some countries, same-sex marriage has become a subcategory of marriage, with different rules than heterosexual marriage and restricted access to certain rights. Section 2 offers a summary and analysis of the status of same-sex unions in countries that sent reports to the XVIIIth Congress of the International Academy of Comparative Law and have not opened marriage to same-sex couples. Section 3 provides a comparative analysis of the most recurrent arguments used in the processes of recognition and denial of same-sex unions in the countries reviewed. Finally, section 4 draws some conclusions on the state of marriage today.
48
Peneva, Lidia. "Crimes against marriage and family before Criminal Code 1968". Law Journal of New Bulgarian University 15, n. 1-3 (10 aprile 2020): 44–59. http://dx.doi.org/10.33919/ljnbu.19.1-3.3.
Testo completoAbstract (sommario):
Crimes against marriage and family are a particular group of social relationships that the law has defended properly in view of the high public significance and value they enjoy. At the moment they are regulated in Chapter VI, Section I, of the specific part of the Penal Code the Republic of Bulgaria. The subject matter of this Statement will, however, be the legislative provisions concerning these criminalized acts in retrospect. The purpose of the study is to show by historical method and through the comparatively legal method the development of these criminal groups during the periods of various criminal laws in Bulgaria. This will also provide a basis for reflection on possible de lege ferenda proposals. This report from a structural point of view will be divided into three distinct points, marking each of the penal laws in the Republic of Bulgaria, which were in force before 1968.
49
Shaw, Jo, Veronica Smits e Paul Vlaardingerbroek. "European section: The influence of human rights on Dutch Family and Child Law: The sky is the limit". Journal of Social Welfare and Family Law 17, n. 1 (gennaio 1995): 119–26. http://dx.doi.org/10.1080/09649069508413641.
Testo completo
50
Edwards, Susan. "MORE PROTECTION FOR VICTIMS OF DOMESTIC VIOLENCE? (THE DOMESTIC VIOLENCE, CRIME AND VICTIMS ACT 2004)". Denning Law Journal 18, n. 1 (23 novembre 2012): 243–60. http://dx.doi.org/10.5750/dlj.v18i1.318.
Testo completoAbstract (sommario):
In 2004, the government introduced the Domestic Violence, Crime and Victims Act (DVCVA). Baroness Scotland, in opening the Bill’s second reading in the House of Lords, said: “The Bill represents the most radical overhaul of domestic violence legislation in 30 years. It reflects the fact that domestic violence is unacceptable, that victims must be protected and offenders punished.”In broad terms, protection for victims is provided by introducing amendments to existing civil and criminal offences including extending police powers in making, both common assault and a breach of a non-molestation order, arrestable offences (section 10 and section 1); offering protection to a wider range of persons by including same-sex couples in the meaning of “cohabitants" (by amending Part 4 Family Law Act (FLA) 1996); including in the definition of “associated persons” same-sex couples (by amending Part 4 FLA), and perhaps of the greatest significance creating an entirely new homicide offence of “causing or allowing the death of a child or vulnerable adult” (section 5). There are several provisions intended to empower victims of domestic violence by allowing them a greater participation in the justice process, including the right to make representation in court (sections 35-46) and by providing additional support in the form of a Victim’s Code, although the remit of this code of practice is still yet to be determined (section 32). Finally, there is also a provision, which establishes independent investigations of domestic homicides termed “domestic homicide reviews” (section 9). This commentary considers to what extent the new legislation will assist in the protection of victims of domestic violence.