scholarly journals The Different Ways of Implementing Shared Physical Custody in the French Context

2021 ◽  
pp. 233-251
Author(s):  
Benoit Hachet
Keyword(s):  
Qualitative Study ◽  
Historical Context ◽  
Third Party ◽  
Contextual Data ◽  
Marital Separation ◽  
Mothers And Fathers ◽  
Physical Custody

AbstractDrawing on quantitative contextual data, this largely qualitative study comprehensively explores the different ways of obtaining shared physical custody (SPC) in France. I show that the choice of SPC depends on the historical context in which the marital separation occurred. I distinguish three ways of entering into SPC: situations of parental disagreement settled by law, situations in which a third party intervened in the decision, and situations of parental agreement. In this final category, I discuss the category of agreement itself, showing that behind seemingly obvious, though far from explicit, ways of reasoning lie processes of influence and negotiation occurring between separated mothers and fathers.

Constructive Trusts and Constructive Trustees

1999 ◽  
Vol 58 (2) ◽  
pp. 294-302 ◽  
Author(s):  
Lionel Smith
Keyword(s):  
Historical Context ◽  
Third Parties ◽  
Third Party ◽  
Personal Liability

THIS article attempts to explain the meaning of the term “constructive trustee” and to understand why allegations of personal liability on the part of third parties to trusts are pleaded in the language of constructive trusteeship. The author concludes that the language of constructive trusteeship is dictated by the structure and historical context of the trust. Although this terminology could usefully be abandoned, an understanding of its origins suggests that as a matter of linguistic logic there is no room for third party liability which is somehow different from liability “as a constructive trustee.”

Wiederaufleben von Drittsicherheiten

2019 ◽  
Author(s):  
Sven Kalisz
Keyword(s):  
Historical Context ◽  
Previous Treatment ◽  
Case Law ◽  
Third Parties ◽  
Good Faith ◽  
Third Party ◽  
Security Agreements

The reinstatement of third-party collateral has not received much academic attention to date. Previous treatment of this issue has, in relation to many questions, merely led to seemingly apodictic assertions, without taking each systematic, historical context into account. This work provides coherent, dogmatically well-founded reasoning with respect to this set of issues. It scrutinizes prior approaches to this, in particular the differentiation between accessory and non-accessory collateral, resolves issues that have been disputed to date and provides a viable, dogmatic solution. In conclusion, possible contractual solutions are outlined which, contrary to previous approaches, except for tax and accounting law issues, protect the collateral taker as far as possible against good faith acquisition by third parties and can stand up to the strict case law relating to “restrictive security agreements”. This work is aimed at both practitioners and academics.

scholarly journals Third-party Annotations: Linking PlutoF platform and the ELIXIR Contextual Data ClearingHouse for the reporting of source material annotation gaps and inaccuracies

2021 ◽  
Vol 5 ◽  
Author(s):  
Kessy Abarenkov ◽  
Allan Zirk ◽  
Kadri Põldmaa ◽  
Timo Piirmann ◽  
Raivo Pöhönen ◽  
...  
Keyword(s):  
Data Management ◽  
Dna Sequence ◽  
Dna Sequences ◽  
Third Party ◽  
Web Interface ◽  
Material Source ◽  
Contextual Data ◽  
Management Platform ◽  
Wide Range

Third-party annotations are a valuable resource to improve the quality of public DNA sequences. For example, sequences in International Nucleotide Sequence Databases Collaboration (INSDC) often lack important features like taxon interactions, species level identification, information associated with habitat, locality, country, coordinates, etc. Therefore, initiatives to mine additional information from publications and link to the public DNA sequences have become common practice (e.g. Tedersoo et al. 2011, Nilsson et al. 2014, Groom et al. 2021). However, third-party annotations have their own specific challenges. For example, annotations can be inaccurate and therefore must be open for permanent data management. Further, every DNA sequence (except sequences from type material) can carry different species names, which must be databased as equal scientific hypotheses. PlutoF platform provides such data management services for third-party annotations. PlutoF is an online data management platform and computing service provider for biology and related disciplines. Registered users can enter and manage a wide range of data, e.g., taxon occurrences, metabarcoding data, taxon classifications, traits, and lab data. It also features an annotation module where third-party annotations (on material source, geolocation and habitat, taxonomic identifications, interacting taxa, etc.) can be added to any collection specimen, living culture or DNA sequence record. The UNITE Community is using these services to annotate and improve the quality of INSDC rDNA Internal Transcribed Spacer (ITS) sequence datasets. The National Center for Biotechnology Information (NCBI) is linking its ITS sequences with their annotations in PlutoF. However, there is still missing an automated solution for linking annotations in PlutoF with any sequence and sample record stored in INSDC databases. One of the ambitions of the BiCIKL Project is to solve this through operating the ELIXIR Contextual Data ClearingHouse (CDCH). CDCH offers a light and simple RESTful Application Programming Interface (API) to enable extension, correction and improvement of publicly available annotations on sample and sequence records available in ELIXIR data resources. It facilitates feeding improved or corrected annotations from databases (such as secondary databases, e.g., PlutoF, which consume and curate data from repositories) back to primary repositories (databases of the three INSDC collaborative partners). In the Biodiversity Community Integrated Knowledge Library (BiCIKL) Project, the University of Tartu Natural History Museum is leading the task of linking the two components—the web interface provided by the PlutoF platform and CDCH APIs—to allow user-friendly and effortless reporting of errors and gaps in sequenced material source annotations. The API and web interface will be promoted to those communities (such as taxonomists, those abstracting from the literature, and those already using the community curated data) with the appropriate knowledge and tools who will be encouraged to report their enhanced annotations back to primary repositories.

Unfit by Accident: Third-Party Perception of Parental Fitness Based on Childbearing Intention

2019 ◽  
Vol 11 (1) ◽  
pp. 126-133
Author(s):  
Julie Y. Huang
Keyword(s):  
Third Party ◽  
Potential Outcomes ◽  
Negative Consequences ◽  
Potential Consequence ◽  
Mothers And Fathers ◽  
Unintended Birth ◽  
Child Study ◽  
Parental Fitness ◽  
Parenthood Status ◽  
The Impact

Prior research has examined the impact of unintended birth on parent and child welfare. The present studies examine another potential consequence: namely, how third-party observers react to information about parenthood intention. We examine whether the act of having intended (or not) to become a parent affects people’s impressions of (1) what type of caregiver the (un)intended parent will be, (2) the type of relationship the (un)intended parent will have with the child, and (3) potential outcomes for that family. Studies 1 and 2 demonstrate that people award less custody to accidental mothers and fathers because lack of intention during birth is perceived as decreasing parental quality and closeness between parent and child. Study 3 tests potential moderators of this effect including parenthood status and controllability, highlighting the potential negative consequences of this phenomenon for families in child custody disputes where third-party judgments are especially likely to bear weight.

Beginnings and Biography

2019 ◽  
pp. 1-20
Author(s):  
Julia Brannen
Keyword(s):  
Social Research ◽  
Historical Context ◽  
Research Process ◽  
Mothers And Fathers ◽  
Working Lives ◽  
The Family ◽  
The Times ◽  
The Life Course ◽  
And Training

This introductory chapter provides a brief biography of the author, offering a glimpse of the author's beginnings in the field of social research. This story is not intended to be a tale of individual endeavour but an examination of the times, concerns, and conditions in which the work of one sociologist develops and how a career reliant on research that is externally funded is forged. The research that the author discusses concerns the family and working lives of mothers and fathers, and also the lives of children, both across the life course and over historical time. The book has two main themes that will be interwoven throughout the text. A central theme is how social research matters in relation to historical context. A second theme focuses on the practice of social research; research is a craft that is learned with and from others as well as through reading methodological texts and training. Although the expertise of the researcher is crucial to all phases of the research process, much of the success of funded research is dependent on collaboration and the creation of conditions that are conducive to team-based research.

It's a Dog's Life: Elevating Status from Pet to "Fur Baby" at Yappy Hour

2004 ◽  
Vol 12 (2) ◽  
pp. 117-135 ◽  
Author(s):  
Jessica Greenebaum
Keyword(s):  
Qualitative Study ◽  
Family Member ◽  
Personal Identity ◽  
Market Economy ◽  
Weekly Basis ◽  
Mothers And Fathers ◽  
Best Friends ◽  
The Social ◽  
The Family ◽  
Nonhuman Animals

AbstractNonhuman animals always have played a significant role in people's lives. Lately, the technological and market economy has anthropomorphized dogs to human-like behavior, particularly to status of family member or child. This qualitative study expands upon the current studies on consumption and animals and society by exploring how human-canine relationships are anthropomorphized at the family excursion to "Yappy Hour" at Fido's Barkery. The type of person who attends Yappy Hour on a weekly basis has a unique and special type of connection with their dog that goes beyond most people's relationships with dogs. Most of the dog lovers interviewed do not perceive their dogs as dogs; they are family members, best friends, and "fur babies." These dog lovers also do not perceive themselves as dog owners; they see themselves as mothers and fathers. The social and market environment of Fido's Barkery not only reinforces their relationship with their dog, it shapes community, friendships, and personal identity.

scholarly journals A Qualitative Study on the Perception of Fatherhood

2021 ◽  
Vol 8 (2) ◽  
pp. 42-59
Author(s):  
Tanju Gurkan ◽  
Azize Ummanel ◽  
Nihan Koran
Keyword(s):  
Qualitative Study ◽  
Basic Needs ◽  
Working Women ◽  
Point Of View ◽  
Role Perception ◽  
Self Assessment ◽  
Mothers And Fathers ◽  
The Relationship ◽  
Insight Into

The changing structure of the society and the increase in the number of working women has been influential on the relationship between the child and the parent. Today, the woman, who is responsible for the nutrition and care of the child according to the traditional point of view, can perform these duties not on her own but with her husband and the basic needs of the child can be provided by the parents together. Therefore, the role of fatherhood has changed and fathers have become more involved in meeting the basic needs of the child. This study aims to explore how men perceive fatherhood and how mothers perceive their husband’s fatherhood. 15 fathers and 15 mothers were included in the study. Mothers and fathers were interviewed to collect the data and the data were examined under the main categories of “Fatherhood self-assessment” and “Fatherhood role perception.” The results provide insight into how fathers parenting children between the ages of 3 and 6, how they perceive their fatherhood and how mothers perceive their husband’s fatherhood. Furthermore, results were obtained about how parents define fatherhood and which roles they associate fatherhood with. In conclusion it was found that fathers have a traditional perception on fatherhood, and the results were discussed in this context. As it is one of the first studies on fatherhood conducted in the TRNC, this study has importance and similar studies are suggested to carried out.

scholarly journals Gender, Biology, and Third Party Custody Disputes

2009 ◽  
pp. 1-36 ◽  
Author(s):  
Wanda Wiegers
Keyword(s):  
Third Party ◽  
Best Interests ◽  
Birth Mothers ◽  
Mothers And Fathers ◽  
Biological Parents ◽  
Mother's Experience ◽  
Trial Transcript ◽  
Formal Equality ◽  
Over Time

This article explores the significance of gender difference in the custodial claims of biological parents where de facto care of children has been transferred to unrelated parties. Drawing on media accounts, the trial transcript, and the 2007 decision in Hendricks v. Swan (the “Saskatoon Dad” case), as well as an extensive survey of similar reported cases, the author identifies changes in the construction of birth mothers and genetic fathers over time, both as claimants and non-claimants of custody. The author contends that despite significant differences in their biological roles, mothers and fathers are constructed as formally equal claimants in this context. Both mothers and fathers nonetheless lose out more often than not to third parties, often on grounds of instability rather than bonding. The role of gender in the application of the best interests test to claims by biological parents, particularly the extent to which gendered norms affect assessments of stability, is analyzed. In relation to biological non-claimants, the author addresses the erasure of the birth mother’s experience in Hendricks through the use of a formal equality lens and examines assumptions regarding non-disclosure of paternity that privilege the interests of genetic fathers. In conclusion, potential ways of avoiding or minimizing the trauma associated with these cases are briefly canvassed.

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