Marriage and Marital Property under the New Greek Family Law

1985 ◽  
Vol 13 (3-4) ◽  
pp. 1-40
Author(s):  
Theresa Papademetriou
Keyword(s):  
Family Law ◽  
Civil Law ◽  
Civil Procedure ◽  
Civil Code ◽  
Law Reform ◽  
Equal Rights ◽  
Constitutional Principle ◽  
Marital Property

The movement for a civil law reform in Greece that was initiated in 1975 with the constitutional guarantee of equal rights and obligations of the sexes led to the adoption of Law 1329/1983 on the Application of the Constitutional Principle of Equality of the Sexes in the Civil Code and Its Introductory Law, in Commercial Legislation, and in the Code of Civil Procedure, as well as to Partial Modernization of Certain Provisions of the Civil Code Regarding Family Law.

scholarly journals Personal Freedom in Estonian Marriage Law between 1918 and 1940

2020 ◽  
Vol 29 ◽  
pp. 3-11
Author(s):  
Katrin Kiirend-Pruuli
Keyword(s):  
Family Law ◽  
Russian Empire ◽  
Civil Code ◽  
Law Reform ◽  
Personal Freedom ◽  
The Family ◽  
Marital Property ◽  
Female Lawyers ◽  
The Russian Empire ◽  
Property Regime

Although Estonia started to develop its own legal system after gaining independence in 1918, many of the old laws from the Russian Empire remained in force in the interim. Soon, Estonia started to develop its own civil code. The old Baltic Private Law Code was highly patriarchal, and various aspects of family law reform were extensively discussed throughout the 1920s and 1930s. While the need for reform was widely accepted, opinions as to its extent varied considerably: female lawyers, inspired by Scandinavian laws, fought for the greatest possible degree of freedom and equality between spouses, while conservative politicians preferred more moderate changes. The article examines two main questions connected with the developments of those times – how much freedom the state gave to spouses for regulating their personal and proprietary relations and how much personal freedom the wife had in comparison to the husband. The norms regulating personal relations, the statutory matrimonial property regime, and the contract related to marital property are analysed in connection with efforts to identify the merits and reasonable limits of personal freedom in marriage. The family law in force in the 1920s and 1930s is compared with draft forms of the Estonian Civil Code, for uncovering how the compilers of the new version achieved balance between modern liberal ideas of personal freedom and traditional concerns about upholding stability of marriage.

SUBORDINATION AGREEMENT IN THE SYSTEM OF PRIVATE LAW

2021 ◽  
Vol 21 (3) ◽  
pp. 7-107
Author(s):  
M.D. TYAZHBIN
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Law Reform ◽  
Private Law ◽  
Legal Nature ◽  
The Russian Federation

The article is dedicated to the category of subordination agreements. Based on the concept of conflict of rights in personam, the author makes an attempt to integrate this category into the system of private law, to determine the legal nature of subordination, and from these positions to assess the effectiveness of Art. 309.1 of the Civil Code of the Russian Federation, implemented in the course of the civil law reform.

scholarly journals Legal and historical overview of the protection of possession in Serbian law

2020 ◽  
Vol 92 (3) ◽  
pp. 430-457
Author(s):  
Biljana Gavrilović
Keyword(s):  
Criminal Justice ◽  
Justice System ◽  
Civil Law ◽  
Civil Procedure ◽  
Civil Code ◽  
The People ◽  
The Subject ◽  
The Many ◽  
Kingdom Of Yugoslavia ◽  
Civil Procedures

The subject of this analysis are the mechanisms of possession according to the Serbian Civil Code and the Code of Civil Procedure from 1929, during the period between 1844 and 1941. The development of the protection of possession during this period is mostly reflected in the fact that possession in the Principality of Serbia and the Kingdom of Serbia was protected, first of all, by means of criminal justice, while in the Kingdom of Yugoslavia, this role was played by civil law. Although possession and its protection in the Principality of Serbia and the Kingdom of Serbia were also regulated by civil-law norms, the people were still relying on the criminal justice system to get protection. Beside the many ambiguities in the Serbian Civil Code related to it, the protection of possession was not regulated separately from standard civil procedures in the Code of Civil Procedure from 1865. Thus, only when the Yugoslav Code of Civil Procedure went into effect did possession get proper, civil-law protection on the territory of Serbia.

scholarly journals PRODUK-PRODUK PEMBAHARUAN HUKUM KELUARGA ISLAM DI TURKI

2021 ◽  
Vol 2 (1) ◽  
pp. 68-87
Author(s):  
Arif Sugitanata ◽  
Suud Sarim Karimullah ◽  
Mohamad Sobrun Jamil
Keyword(s):  
Family Law ◽  
Identity Crisis ◽  
Civil Code ◽  
Social Conditions ◽  
Law Reform ◽  
Men And Women ◽  
Turkish People ◽  
Minimum Age ◽  
Age Limit ◽  
Islamic Family Law

This article discusses the products of Islamic family law in Turkey with the main focus of this article review is how the history and development of family law in Turkey and what are the products of family law reform in Turkey using literature studies. This paper finds that the development of family law reform in Turkey starting from al-Majallâh (1876), The Ottoman Law of Family Right (1917), Turkish Civil Code (The Turkish Civil Code of 1926) is a response to the influence and changes in social conditions. , politics, and an unstable economy, especially at that time the Turkish people were still experiencing an identity crisis. Then the product of family law reform in Turkey is divided into two scopes, namely munakahat and Mawaris, where part of the munakahat itself includes, khitbah, minimum age limit for marriage, prohibitions in marriage, polygamy, walimah, marriage annulment, marriage that is not legalized, divorce. , compensation in divorce, while in Mawaris includes, wills and the amount of distribution between men and women are equal. Abstrak Artikel ini membahas tentang produk-produk hukum keluarga Islam di Turki dengan fokus utama kajian artikel ini adalah bagaimana sejarah dan perkembangan hukum keluarga di Turki dan apa saja produk dari pembaharuan hukum keluarga di Turki menggunakan studi kepustakaan. Tulisan ini menemukan bahwa perkembangan pembaharuan hukum keluarga di Turki yang dimulai dari al-Majallâh (1876), The Ottoman Law of Family Right (1917), Peraturan Sipil Turki (The Turkish Civil Code of 1926) merupakan sebuah respon atas pengaruh dan perubahan kondisi sosial, politik, dan ekonomi yang tidak stabil apalagi pada masa tersebut masyarakat Turki masih mengalami kondisi krisis identitas. Kemudian produk dari pembaharuan hukum keluarga di Turki dibagi kedalam dua cakupan yakni munakahat dan mawaris, di mana bagian dari munakahat itu sendiri meliputi, khitbah, batas usia minimal menikah, larangan dalam perkawinan, poligami, walimah, pembatalan perkawinan, perkawinan yang tidak disahkan, perceraian, kompensasi dalam perceraian, Sedangkan dalam mawaris meliputi, wasiat dan jumlah pembagian antara laki-laki dan perempuan yang setara.

scholarly journals Multi-Door Courthouse established through the European Mediation Directive?

2016 ◽  
Vol 16 (1) ◽  
pp. 127-142
Author(s):  
Michal Malacka
Keyword(s):  
Family Law ◽  
Civil Law ◽  
Civil Procedure ◽  
The Real ◽  
Law System ◽  
Real Nature ◽  
Foreign Law ◽  
American Law ◽  
Anglo American ◽  
European Situation

Summary The article deals with the systematical problem of an acceptance and impementation of foreign law instruments in EU, incoming from Anglo-American law system. Supporting partial methods of the ADR, European legislative is focusing on the mediation and using this method in civil procedure law, especially in family law matters. The practitioners have accepted the idea of mediation as a part of civil law procedure without analyzing or studying the real nature of this method or instrument. The study is looking into the problematics of the Multi-Door Courthouse model and comparing it with European situation in the member states. It is also trying to find the best possible future ways for the development in the area of mediation with the reflection of the results of the implementation of the European mediation directive.

scholarly journals Les lignes de force de la Loi 89 instituant un nouveau Code civil et portant réforme du droit de la famille

2005 ◽  
Vol 22 (2) ◽  
pp. 297-307
Author(s):  
Marie-José Longtin
Keyword(s):  
Family Law ◽  
Family Relations ◽  
Civil Code ◽  
Self Determination ◽  
Law Reform ◽  
The Family ◽  
Civil Code Of Quebec ◽  
Mandatory Rules ◽  
Code Civil

The family law reform is based upon several principles among which the legislation seeks to create a certain balance. The new legislation approaches the question of that balance under four themes : 1. The equality between man and woman - an equality sometimes intruded upon in order to protect one of the spouses or to strengthen his or her self-determination ; 2. the spouses' freedom to arrange their family relations as they see fit, but a freedom limited by several mandatory rules in order to ensure a greater measure of equality for each ; 3. the equality between children regardless of the circumstances of their birth or their form of filiation - an equality strengthened by rules devised to protect their interests ; 4. the increased intervention of the judiciary authaurised mostly for promotive self-reconciliation by the parties. The following comments try to illustrate how these four principles are embodied in book two of the Civil Code of Quebec, book which must be construed according to the Legislator's expressed view for overriding equality, simplicity and flexibility.

scholarly journals Changing Codes and Changing Constitutions

2005 ◽  
Vol 46 (3) ◽  
pp. 629-670 ◽  
Author(s):  
Hoi Kong
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Law Reform ◽  
Federal Law ◽  
Design Features ◽  
Division Of Powers ◽  
Civil Union ◽  
Civil Code Of Quebec ◽  
The Rich ◽  
Area Of Study

In this article, the author addresses a neglected area of study, namely codal amendment in Canada. The author argues that the theoretical justi-fcations for the Civil Code of Québec and its distinctive design features raise concerns about how the Code is currently amended. In response to these concerns, the author draws on the rich literature concerning law reform in Canada to propose a reform institute that is charged with overseeing the process of codal amendment. Moreover, the author contends that when Canadian courts and Parliament respond to and the Quebec legislature effects changes to codal text they should be closely attentive to the purposes underlying the constitutional division of powers. To illustrate this last contention, the author critiques the Federal Law — Civil Law Harmonization Act, No. 1 and recent legislative and judicial developments respecting marriage and the civil union.

Marriage, Divorce, and Inheritance

2018 ◽  
Author(s):  
Simon Butt ◽  
Tim Lindsey
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Civil Code ◽  
Mixed Marriage ◽  
Comprehensive Overview ◽  
Divorce Law ◽  
Law System ◽  
The Status ◽  
Marital Property

Indonesia has a highly complex family law system, with different rules for Muslims and non-Muslims. This chapter offers a comprehensive overview of the rules governing marriage for both groups, including registration requirements, the status of unregistered marriages, foreign marriage, mixed marriage, underage marriage, and polygamy. It also explains divorce law (including the grounds for ‘talak’ divorces, custody and maintenance rules, and rujuk or reconciliation), and the different forms of property dealt with when a marriage ends: harta bersama (joint matrimonial property) and harta bawaan (pre-marital property). The last part of the chapter deals with inheritance. It describes the detailed rules that apply to Muslims under the Kompilasi Hukum Islam (Compilation of Islamic Law) and to non-Muslims under the Civil Code, and how courts have interpreted them to allow more equitable divisions of deceased estates between genders.

scholarly journals Originality in Belgian civil law: comparing the Code Napoleon with Book 8 of the New Belgian Civil Code

2019 ◽  
pp. 25-39
Author(s):  
Niels Vandezande ◽  
Jessica Schroers
Keyword(s):  
Civil Law ◽  
Civil Procedure ◽  
Civil Code ◽  
Electronic Evidence ◽  
Evidence Law ◽  
Law And Legislation

Dr Niels Vandezande and Jessica Schroers examine the introduction of an entire New Belgian Civil Code and the opportunity provided to make revisions to take account of electronic evidence. The authors explain how the NBCC codifies and simplifies existing rules to take account of digital issues. Index words: Belgium, Evidence law, civil law, civil procedure, Electronic evidence law and legislation

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