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.

scholarly journals Evolution of Legislation on Liability for Failure to the Obligation to Provide Support in Family Law of Ukraine

2020 ◽  
pp. 169-181
Author(s):  
Anatolii BURIACHENKO
Keyword(s):  
Parental Support ◽  
Family Law ◽  
Family Members ◽  
Legal Regulation ◽  
Russian Empire ◽  
Civil Code ◽  
Soviet Period ◽  
Scientific Article ◽  
Parents And Children ◽  
The Russian Empire

In the scientific article the author investigates the historical aspects of the evolution of legislation that operated in the Ukrainian lands on liability for failure to the obligation to provide support for family members, including spouses, parents, and children. In particular, it has been analyzed the content of the basic acts of family law operated in the period from Kievan Rus to independent Ukraine, such as ‘Russkaya Pravda’(‘Russian Truth’), Lithuanian Statutes of 1529, 1566, 1588, the draft codification of family law ‘Rights under which the Maloros People Are Judged’ , Code of Laws of the Russian Empire, the Galician Civil Code, the Austrian Civil Code, the first decrees of the Council of People’s Commissars of the Ukrainian SSR regulating family legal relationships, as well as the Codes of 1919, 1926, 1969 and 2002 (taking into account the changes made in 2017-2018). Based on the analysis, the author determined that the issue of liability for obligation to provide support in Ukraine received proper legal regulation only with the adoption of the current Family Code of Ukraine in 2002. The first monuments of Ukrainian law, such as ‘Russkaya Pravda’(‘Russian Truth’) and Lithuanian Statutes, unfortunately did not contain rules regulating alimony relationships between spouses, parents and children, as well as other family members. The following acts of Family Law that were in force in the Ukrainian lands defined the alimony obligations of spouses, parents and children, but did not provide for liability for their violation. The exceptions were the norms of the Galician Civil Code, which provided for the liability of the father for the non-recognition of his illegitimate child and the non-payment of amounts on the child’s support in two-, three- four times the size of amount, as well as the rules of criminal legislation of the Russian Empire and the Soviet period for determining the liability for malicious evasion of alimony payments. Unfortunately, the existing regulatory framework regulates in detail only the issue of liability for the non-fulfillment of parental support obligations in relation to children. Failure to perform other alimony duties, unfortunately, did not receive such a reaction from the state (the only exception is the malicious evasion of payment established by court decision for the maintenance of disabled parents, which is a crime).

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 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 ENGAGEMENT. PAST AND PRESENT

2013 ◽  
Vol 7 (3) ◽  
Author(s):  
Iosif-Florin Moldovan Iosif-Florin Moldovan
Keyword(s):  
Family Law ◽  
Civil Code ◽  
The Family ◽  
Family Code

AbstractAn institution of family law that is not currently found in the Family Code, engagementexisted in the Romanian law prior to the current regulations, representing the mutual promisebetween two people that they will marry one another.Regulated under the Article 266 of the new Civil Code, engagement has the sameregulatory framework, this time legal, representing the mutual promise to conclude amarriage.

scholarly journals The principle of self-determination in the family law through history and today

2004 ◽  
pp. 159-178
Author(s):  
Gordana Kovacek-Stanic
Keyword(s):  
Parental Care ◽  
Family Law ◽  
Family Relations ◽  
Historical Context ◽  
Civil Code ◽  
Self Determination ◽  
200Th Anniversary ◽  
Parents And Children ◽  
The Family ◽  
The Moment

In the jubilee year 2004, Serbia marks the 200th anniversary of The First Serbian Uprising, structuring of modern Serbian state and its legal system comparatively speaking, France marks the 200th anniversary of passing the French Civil Code, one of the most significant civil codifications in the 19th century. It was an occasion to study certain institutions of family law through history and today. The used approach is modern, we studied the ways how the principle of self-determination influenced the family-legal solutions today, and we investigated if one could talk about the effect of this principle in the historical sense, too. The principle of self-determination implies the possibility for the subjects of family-legal relations to arrange their own relations themselves ? both the partner and parent relations. However, this principle undergoes significant limitations in the family law because the family relations are personal relations by character, as well as because of the need to protect the weaker participant, both the weaker partner or a child who needs protection stemming from his/her very status. Within marriage law, the principle of self-determination of the spouses (extramarital partners) is, among other things, made concrete through the possibility for an agreement about the effects of marriage (extramarital union), then through the possibility of agreed divorce, while the procedure of mediation in the marriage litigation contributes to the realization of the mentioned principle. As for the effects of marriage (extramarital union), the paper particularly discusses property relations, that is the marriage property contract, because it is at the moment a current issue in our domestic law. Within the relations between parents and children, the concretization of the principle of self-determination in parental care is significant, particularly in the situations when the relations between the parents were disturbed and resulted in a separation or a divorce with the joint parental care (application of the parental right). All institutions are analyzed in the positive law, in the historical context (solutions from the Serbian Civil Code the former Hungarian Law), and viewed comparatively in the European legal systems of the east and west European countries.

scholarly journals ФОРМУВАННЯ КОНЦЕПЦІЇ НІМЕЦЬКОГО ЦИВІЛЬНОГО КОДЕКСУ (BGB) ТА ЇЇ ВПЛИВ НА РОЗВИТОК ЦИВІЛІСТИЧНОЇ ДУМКИ В УКРАЇНІ

2019 ◽  
Vol 13 ◽  
pp. 260-270
Author(s):  
Є. О. Харитонов
Keyword(s):  
Civil Law ◽  
Russian Empire ◽  
Civil Code ◽  
Factors Of Influence ◽  
The Russian Empire

Стаття присвячена розгляду питань формування доктрини цивільного права у Німеч­чині та її впливу на концепцію німецького цивільного кодексу (BGB). Визначаються чинники впливу німецького правознавства на формування і розвиток цивілістичної думки в університетах на українських землях, що входили до складу Російської імперії.   The article considers the issues of formation of the doctrine of the civil law in Germany and its influence on the concept of the German Civil Code (BGB). The factors of influence of the German jurisprudence on the formation and development of the civil concept at the universities on the Ukrainian territory, which used to be a part of the Russian Empire, are determined.

scholarly journals Alphabetical Lists of Confirmed and Ascribed Nobles of the Ufa and Orenburg Gubernias of the Russian Empire as a Historical source: The Second Half of the 19th – Early 20th Century

2020 ◽  
pp. 627-639
Author(s):  
Albina Ya. Ilyasova ◽  
Keyword(s):  
Russian Empire ◽  
Early 20Th Century ◽  
Historical Source ◽  
Historical Archive ◽  
Russian State ◽  
The Family ◽  
Plain Paper ◽  
Source Studies ◽  
History Of ◽  
The Russian Empire

The article presents the results of the source studies analyses of the alphabetical lists of confirmed and ascribed nobles of the Ufa and Orenburg gubernias from the Russian State Historical Archive (RGIA). Imperially approved opinion of the State Council of the Russian Empire (January 2, 1861) ordered national noble assemblies to send annually to the Department of Heraldry of the Governing Senate “alphabetical lists of noble families during the year confirmed in their nobility by the Governing Senate” and “similar lists of those families, to which, in the course of the year, were attached some individuals.” Most of these lists are preserved in the materials of the “Third Department of the Senate” fond of the Russian State Historical Archive. The archives holds original copies of 39 reports and 65 lists, including 28 lists of confirmed nobles, and 37 — of ascribed, which were sent to the to the Department of Heraldry of the Governing Senate by the Orenburg Noble Assembly in 1862-1917; and 48 reports and 89 lists, including 41 of confirmed nobles and 48 — of ascribed, which were sent to the Department of Heraldry by the Ufa Noble Assembly in 1866-1917. These documents are written on plain paper on both sides of the sheet sized 22.2 (width) * 35.4 (height) cm. Most are handwritten. Reports of the Ufa Noble Assembly became typewritten from 1899 on, those of the Noble Orenburg Assembly — since 1911; lists of Ufa Noble Assembly became typewritten from 1897 on, of the Orenburg Noble Assembly — from 1908 on. The lists have a title page. Information about the nobles is given in tabular form. A list of confirmed nobles contains the following information: surname, name, patronymic of the person confirmed in hereditary nobility; date of the resolution of the Noble Assembly on declaring them a noble; part of the genealogical book, in which that person was entered; the date of receipt of documents for consideration in the Department of Heraldry; date and number of the confirming decree of Department of the Heraldry. The list of ascribed nobles includes such data as: surname, name, patronymic of the person added to the nobility; the date of the resolution of the Noble Assembly to ascribe the person to a noble family, confirmed by the Department of Heraldry; name, date, and document number(s) on the basis of which they were ascribed; part of the genealogical book, in which the family was entered; date and number of the decree of the Department of Heraldry of the Governing Senate confirming the family to rank among the nobility. The list was to be certified by signatures of the gubernia marshal of nobility, or those acting in that position, and by the secretary of the Noble Assembly. The list was not sealed. These documents are unique and quite valuable written sources on the history of the Russian nobility.

scholarly journals A Revolution in Muslim Family Law? Egypt’s Pre- and Post-Revolutionary Period (2011-2013) Compared

2015 ◽  
Vol 5 ◽  
Author(s):  
Nadia Sonneveld ◽  
Monika Lindbekk
Keyword(s):  
Family Law ◽  
Transitional Period ◽  
Law Reform ◽  
New Right ◽  
Old Regime ◽  
Egyptian Revolution ◽  
Legal Reforms ◽  
The Family ◽  
Male Authority ◽  
Revolutionary Period

In the weeks following the Egyptian revolution of 2011, a group of divorced fathersrose to demand a “revolution in family law.” Portraying extant family law provisions assymbolic of the old regime and as deviating from the principles of shariʿa, their call was givenprominent media attention and, in the ensuing transitional period (2011 to 2013), women’srights and family law emerged as contentious areas in Egypt.By comparing public debates on family law reform in the decade preceding the 2011revolution to the two years following it, we argue that Egypt’s “revolution in family law”actually started a decade earlier, in 2000, when Egyptian women’s new right to divorceunilaterally rocked the country.1 This set in motion other legal reforms that challengedfundamental aspects of male authority in the family and slowly led to the emergence ofinnovative conceptions of motherhood and fatherhood.

scholarly journals Islamic Family Law Reform: Problems and Prospects

ICR Journal ◽  
2011 ◽  
Vol 3 (1) ◽  
pp. 37-52
Author(s):  
Mohammad Hashim Kamali
Keyword(s):  
Community Development ◽  
Family Law ◽  
First Century ◽  
Law Reform ◽  
International Institute ◽  
Special Issue ◽  
International Conference ◽  
Islamic Thought ◽  
The Family ◽  
Islamic Family Law

This Special Issue of Islam and Civilisational Renewal carries selected papers from the ‘International Conference on the Family Institution in the Twenty-First Century: Ideals and Realities’, held at IAIS Malaysia on 13-14 December 2010. The event was jointly organised by IAIS Malaysia, the Institute of Islamic Understanding Malaysia (IKIM), Yayasan Pendidikan Islam (YPI), Yayasan Ubaidi, the Journalists and Writers Foundation, Istanbul, Turkey, the International Institute of Islamic Thought (IIIT), and the Malaysian Turkish Dialogue Society, and officiated by Senator Dato, Sri Sharizat Abdul Jalil, Malaysia’s Minister of Women, Family and Community Development.  

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