Reactive Law or Conservative Law? The Reform of Divorce Procedure in China

2020 ◽  
Vol 34 (2) ◽  
pp. 126-144
Author(s):  
Lei Shi
Keyword(s):  
Family Law ◽  
Divorce Rate ◽  
Civil Code ◽  
Chinese Family ◽  
Bottom Up ◽  
Marriage And Family ◽  
The Third ◽  
The Law

Abstract A marriage can be terminated in two ways in China, by registration or by litigation. Recently, China’s crude divorce rate has been gradually rising. Reforms are being carried out by the judiciary by introducing more supportive measures in divorce litigation. The legislature is writing drafts of the marriage and family part in the Civil Code. In the third draft, proposed articles would change the law on divorce slightly. These reforms reflect some trends in the development of Chinese family law. With respect to some debates on these reforms, the author suggests there could be a better way to draw up drafts. At the level of the judiciary, the present family justice reform has its advantages, and this bottom-up reform should be adhered to.

scholarly journals Gondolatok és javaslatok a román Polgári törvénykönyv magyar fordításához

2021 ◽  
Vol 4 (2) ◽  
pp. 41-64
Author(s):  
Tamás Nótári ◽  
Előd Pál
Keyword(s):  
Family Law ◽  
Civil Code ◽  
The Other ◽  
Legal Capacity ◽  
Legal Personality ◽  
The Third ◽  
The Law ◽  
Legal Fact ◽  
Personal Law ◽  
The Relationship

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.

Formation of Contract and Third Parties in Cambodia

2018 ◽  
Author(s):  
Ly Tayseng
Keyword(s):  
Academic Writing ◽  
Case Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Contract Formation ◽  
The Law ◽  
The Right ◽  
Formal Requirements

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.

Marrying “Well”: Debating Consanguinity, Matrimonial Law, and Brazilian Legal Medicine, 1890–1930

2015 ◽  
Vol 33 (3) ◽  
pp. 703-743 ◽  
Author(s):  
Okezi Otovo
Keyword(s):  
Catholic Church ◽  
Critical Issue ◽  
Civil Code ◽  
Law Schools ◽  
The Third ◽  
History Of ◽  
The Law ◽  
Old Republic ◽  
The Moment ◽  
Special Circumstances

On August 28, 1919, Brazil's most famous pediatrician, Dr. Carlos Arthur Moncorvo Filho, addressed his colleagues at the illustrious National Academy of Medicine in Rio de Janeiro, reminding them that consanguineous marriage was the topic of the moment. Dr. Moncorvo Filho's insistence that “everyone knew why” was a reference to a proposal made before the Senate just three months prior by Senators Eloy de Souza of the state of Pernambuco and Álvaro de Carvalho of São Paulo. The senators proposed that language prohibiting marriage between blood relatives in the recently ratified Brazilian Civil Code be amended to allow for special juridical or medical dispensation. Souza and Carvalho, with the backing of the Catholic Church and a minority of members of the Brazilian Institute of Attorneys, supported permitting marriage between third-degree relatives under special circumstances. At issue for the attorneys was how the law would deal with situations in which couples had a compelling need to marry within the third degree of kinship. A recent case of an uncle who had “deflowered” his niece and then offered to “remedy the damage” through marriage brought this issue to public debate. Marriages between uncles and their nieces and aunts and their nephews (third-degree relations) were traditional in Brazil, and Brazilian law had a long history of yielding to custom and context. However, under the new laws of the 30-year-old republic, this type of marriage was no longer legal, having been specifically prohibited by the 1916 Civil Code. Senators Souza and Carvalho, both lawyers by training, proposed reforming the Code, while their ultimately unsuccessful amendment sparked vigorous debate in both legal and medical circles on the validity of marriage restrictions within the third degree of consanguinity. As a result, physicians at Brazil's leading medical schools and their jurist counterparts at the law schools took sides on this critical issue, dividing themselves into rival camps of consanguinistas and anticonsanguinistas.

scholarly journals SAHNYA PERKAWINAN MENURUT UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DITINJAU DARI HUKUM PERJANJIAN

2010 ◽  
Vol 10 (3) ◽  
Author(s):  
Trusto Subekti
Keyword(s):  
Family Law ◽  
The State ◽  
Third Party ◽  
Legal Certainty ◽  
Marriage Law ◽  
Arranged Marriage ◽  
The Third ◽  
Regulatory Aspects ◽  
The Law ◽  
The Right

Legal certainty is an indicator for a legal into good legal category, the fact about  the validity of marriage has led a multi interpretation among the experts and the society, especially among Muslims. This is shown in the society members statement that "the secret marriage" as a valid marriage according to religious even it is not listed. " Arranged marriage in a society is intended to solve problems within the scope of family law and marriage, not to create new problems in society. the problem is how the legitimacy of the marriage law seen from the viewpoint of the agreement, with expectations  to obtain certainty about the right interpretation of the validity of marriage, so the confusion about the validity of a marriage can be resolved. Seen from the viewpoint of the legal agreements, Marriage included in family laws agreements and according to the provisions this agreements are categorized as a formal agreements, it means that the agreement was born and legally binding if the requirements and procedures (formality) of marriage according Act No. 1 Year 1974 jo. No PP. 9 Year 1975 fulfilled. Afterwards, from the binding aspect, the function of marriage records juridically is a requirement in order to obtain recognition and protection from the state and binding the third party: (others). According to the regulatory aspects the procedure and the registration of marriages reflect a legal certainty, as the result the existence of marriage proved by  a marriage certificate.As a further consequence, in the law viewpoint a marriage is invalid if the marriage did not comply the procedure and registration of marriage.Keyword: Validity of marriages, Law Agreement

scholarly journals BRIEF CONSIDERATIONS ON THE INFLUENCES OF THE UNION’S PROVISIONS IN THE NEW ROMANIAN CIVIL CODE

2013 ◽  
Vol 7 (2) ◽  
Author(s):  
Elise-Nicoleta Vâlcu ◽  
Ionel Didea
Keyword(s):  
Family Law ◽  
European Parliament ◽  
Civil Code ◽  
Private Law ◽  
International Private Law ◽  
The Law ◽  
Contractual Obligations ◽  
Rome I

Considering that on 1 October 2011 took place a real reform of the internationalprivate law with the entrance into force of the new Romanian Civil Code, the provisions of theinternational private law were gathered in Book VII “International Private Law Provisions”,aiming to integrate the revised Law No 105/1992 to synchronize its provisions with the newconception on family law stated in the code and with the European and internationalinstruments in the area of international private law. Specifically, the provisions of the newCivil Code on contractual and extra-contractual obligations are in accordance with theEuropean law found in Regulation (EC) No 593/2008 of the European Parliament and theCouncil of 17 June 2008 on the law applicable to contractual obligations (Rome I), as well asin Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July2007 on the law applicable to non-contractual obligations (Rome II).

Incongruity of Civil Law Terms Under Polish and British Legal Systems: A Study of Translation Methods

2018 ◽  
Vol 12 (1) ◽  
pp. 168-183
Author(s):  
Anna Kizińska ◽  
Renata Botwina
Keyword(s):  
United Kingdom ◽  
Civil Law ◽  
Civil Code ◽  
Legal Systems ◽  
The Third ◽  
The United Kingdom ◽  
The Law ◽  
Translation Methods

Summary The present paper introduces seven Polish and British incongruent terms referring to civil law and makes an attempt to determine the translation methods applied while forming English equivalents for the Polish terms (“mienie”, “rzecz”, “nieruchomość rolna”, “część składowa”, “część składowa rzeczy”, “część składowa gruntu”, “przynależność”). The terms under analysis are the terms that appear at the very beginning of the third section of the Polish Civil Code called “Mienie” and constitute “terms” according to Sager (1990, p.19) and “legal terms” according to the division of terms by Morawski (1980, p. 187). The definitions of the Polish civil law terms are presented beginning with the definitions of a “term” and “equivalence”. The equivalents under analysis have been suggested in the IATE database and the most globally recognised forum for translators, “proz.com”. The research involves comparing the definitions of the terms and, if possible, the suggested equivalents, checking whether the equivalents appear in texts of the sources of the law of the United Kingdom. It has been concluded that the occurrence of system-bound terms as well as the phenomenon of the incongruity of terms make the process of translation extremely challenging, and it is difficult to find the single most adequate equivalent. Furthermore, the translation methods applied while forming the English equivalents have been determined.

scholarly journals Remarques sur le nouveau droit de la famille et le droit des successions

2005 ◽  
Vol 25 (3) ◽  
pp. 719-724
Author(s):  
Mireille D. Castelli
Keyword(s):  
Family Law ◽  
Civil Code ◽  
The Law

Recent changes in Family Law have indirectly brought on changes in the law of successions. On two points, however, proposed solutions are uncertain. The first point involves adoption and the relative scope of Articles 626 and 623 of the Québec Civil Code. Do the effects of the adoption go back in time to the day that the placement application for adoption was filed in the event that one of the adopters is deceased some time between the petition for placement and the application for adoption ? The second point concerns the effects of natural filiation. Does Article 594 of the Québec Civil Code eliminate all differences between the two kinds of filiation ?

scholarly journals The legislative activity of the Duke of Mazovia Janusz I of Warsaw 1381-1429

1970 ◽  
Vol 23 ◽  
pp. 102-123
Author(s):  
Patrycja Herod
Keyword(s):  
Family Law ◽  
Property Law ◽  
Private Law ◽  
Marriage And Family ◽  
Research Results ◽  
Legislative Activity ◽  
The Law ◽  
Court Proceedings ◽  
The Right ◽  
Law Of Succession

The article presents the legislative activity of Janusz I of Warsaw who from 1381 was an independent ruler of the Eastern Mazovia. It also offers an analysis of 15 legal instruments including 14 statutes and one landed privilege, which is the oldest known act of this type from the region of Mazovia delivered 21st June 1414 in Nowe Miasto for both the Czersk and Warsaw nobility. The article further deals with the division of specific regulations into criminal and private law, which includes marriage and family law, the law of succession, property law, obligations, the right of peasants to leave a village belonging to a feudal master as well as court proceedings. The article finishes with the presentation of the research results.

scholarly journals Implied contributions for jointly acquired property based on Islamic family law in Malaysia

2021 ◽  
Vol 5 (S4) ◽  
Author(s):  
Mohd Syahmil Samsudin ◽  
Nur Sarah Tajul Urus ◽  
Shahmi Awang ◽  
Alias Azhar
Keyword(s):  
Single Mothers ◽  
Financial Planning ◽  
Family Law ◽  
Standard Procedure ◽  
Muslim Woman ◽  
Future Research ◽  
The Third ◽  
Legal Provisions ◽  
Islamic Family Law ◽  
The Law

The Islamic Family Law Enactment for the states in Malaysia have recognized that jointly acquired property can be claimed by a Muslim woman due to death, divorce, or polygamy. It is in line with the TN50 target to empower women and elevate the dignity of women and prepare them for 2050. Besides that, the legal stipulation shows the law protects the rights of women to enables them to prepare for their future financial planning even after becoming widows or single mothers. The first objective of this study is to identify the legal provisions related to jointly acquired property. The second objective is to highlights the previous studies and cases related to jointly acquired property claims and the third is to propose a simple, quick and friendly standard procedure for jointly acquired property applications. This paper is also expected to provide an understanding regarding on jointly acquired property for future research.

scholarly journals EKSEKUSI JAMINAN PERORANGAN (BORGTOCHT) DALAM PENYELESAIAN KREDIT MACET MELALUI KEPAILITAN (ANALISIS PUTUSAN MAHKAMAH AGUNG RI NOMOR 2960 K/Pdt/2010)

Jurnal MINUTA ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 14-19
Author(s):  
Evi Retno Wati
Keyword(s):  
Supreme Court ◽  
Civil Code ◽  
Third Party ◽  
The Third ◽  
The Supreme Court ◽  
The Law ◽  
The Third Party ◽  
The Right

Generally collateral is divided into two, namely personal guarantee (persoonlijke zekerheid) and corporeal guarantee (zakerlijke zekerheid). On Personal collateral, what given by debtor was not an object but a statement made by the third party who has no interest at all both toward debtor or creditor. In the case that was reviewed in this research to wit The supreme court of Republic of Indonesia decree No. 2960 K/Pdt/2010 PT. Pertamina Dana Ventura (first named PT. Pertamina Saving & Investment), as a creditor filed a confiscation guarantee claim toward Kairudin Nur who is the guarantor of the debt of PT. Goro Bata Sakti (in bankruptcy) as a debtor. Guarantor in Indonesian Civil Code (later stated as KUHPer) is given a privilege which is stated in article 1831 KUHPer which given right to the guarantor to reject payment to creditor before the creditor’s property confiscated first and sold in order to pay the debts. If after the debtor’s property confiscated and sold are not enough to pay the debts, then in this case the guarantor is responsible for fulfilling the debts toward creditor. In The supreme court of Republic of Indonesia decree No. 2960 K/Pdt/2010, the guarantor right as ruled in KUHPer is violated. Therefore the law protection that can be given to the guarantor is the guarantor is given the right to accelerate the management and settlement toward debtor’s assets which were under curator supervision.

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