scholarly journals Marital Agreements in Vietnam from 1858 until Now

DÍKÉ ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 150-161
Author(s):  
NGUYỄN THỊ MỸ Linh
Keyword(s):  
Family Law ◽  
European Countries ◽  
Equal Rights ◽  
Marriage And Family ◽  
Marriage Contract ◽  
Marital Property ◽  
History Of ◽  
Property Regime

The institution of prenuptial agreement is a founder of contractual matrimonial property regime. The possibility of concluding a marriage contract contributes to ensuring the equal rights of the spouses, as they are free to agree on their pre-marital property.  Recognizing the necessity of the contractual freedom in family law, the 2014 Act on Marriage and Family of Vietnam allows couples to choose between the statutory property regime and the agreed property regime. This article presents the history of the institution of marriage agreement in Vietnam, also with regard to the development of law in European countries.  

scholarly journals On the History of the Marriage Contract in Domestic and Foreign Legislation

2021 ◽  
pp. 030-037
Author(s):  
A. V. Lapaeva
Keyword(s):  
Property Rights ◽  
Family Law ◽  
Legal Documents ◽  
Marriage Contract ◽  
Marital Property ◽  
History Of ◽  
Historical Retrospect ◽  
Legitimate Interests ◽  
Russian Law ◽  
The Right

The genesis of the marriage contract in domestic and foreign legislation is studied. The main stages of the emergence and development of the marriage contract in various countries are outlined. A parallel is drawn between national and international family law in historical retrospect. The article analyzes the procedure and conditions for concluding a marriage contract in various countries. It is proved that the marriage contract is the optimal tool in protecting the property rights and interests of married persons. It is established that the marriage contract is not new for Russian law; it has a fairly long, centuries-old history. According to the evidence of preserved legal documents, until 1917, the marriage contract was a familiar and convenient legal instrument for protecting the rights and legitimate interests of spouses. In modern Russian law, the legislator tried to take into account not only the peculiarities of the historical formation of the institution of the marriage contract in Russia, but also the experience of foreign legislation, giving the spouses the right to establish the regime of marital property at their discretion.

scholarly journals PROPERTY RELATIONS OF MARITAL PARTNERS THROUGH THE HISTORY OF BOSNIA AND HERZEGOVINA

2017 ◽  
Vol 7 (2) ◽  
pp. 106-117
Author(s):  
Boris Krešić ◽  
◽  
Ervina Halilović ◽  
Keyword(s):  
Bosnia And Herzegovina ◽  
Historical Perspective ◽  
Family Law ◽  
Roman Law ◽  
Socialist Republic ◽  
Marriage And Family ◽  
Property Relations ◽  
Basic Law ◽  
History Of ◽  
Marital Partners

The institutes of contemporary family law are rooted in Roman law, including the property relations of marital partners. From the historical perspective, the property-legal relations of marital partners in Bosnia and Herzegovina (BiH) were subject to religious regulations and the rules of the General Civil Code and Family Law of the Socialist Republic of Bosnia and Herzegovina. The article analyzes the solutions applied during the Roman, the Ottoman, and the AustroHungarian rule as well as the solutions included in the currently valid Basic Law on Marriage and Family Laws in BiH. The authors focus on the development of family law in terms of property relations of marital partners and provide historical-legal overview of the development of family law from the absolute power of pater familias to the full equality of marital partners.

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 Marriage Dissolution (Divorce) – A Comparison Overview: Albania, Kosovo, Macedonia

2021 ◽  
Vol 8 (1) ◽  
pp. 88
Author(s):  
Sulejman Ahmedi
Keyword(s):  
Family Law ◽  
Public Law ◽  
European Countries ◽  
Comparative Approach ◽  
Legal Doctrine ◽  
Marriage And Family ◽  
Marriage Dissolution ◽  
Private And Public ◽  
The Subject ◽  
Special Protection

The research includes the marriage dissolution and its consequences, which constitute today one of the most debated topics, considering not only the significant increase of the number of divorces in years, but also the trends in recent years in some European countries. Thus, this paper presents the hypothesis as follows: The Institute of dissolution of marriage in Albanian, Kosovo and Macedonian Law which preserves and must preserve the balance between the contractual freedom of the spouses and the court's intervention to dissolve the marriage in order to avoid abuses that may result from the "privatization" of the marriage dissolution and its consequences. Taking the cause precisely from the latter, the question arises whether the dissolution of marriage, as the institution that lies between private and public law, should be given priority to the solutions offered by the spouses ("the privatization of the institution"), or should public law be governed by the regulation of the institution, in the context of the special protection that the marriage and family enjoy by the State? From what is said above it is necessary to analyze by comparative approach the normative framework, legal doctrine and the case studies of these countries, regarding the dissolution of the marriage and the consequences it brings. The European countries and the tendency to harmonize family law in Europe will serve as orientation point to analyze the solutions currently offered by Albanian, Kosovo and Macedonian law as well as to provide the necessary recommendations. In particular, the subject of analysis is the reasons for the dissolution of marriage, the ways and the procedural aspects of its solution, the consequences on both personally and property terms between the spouses.

scholarly journals DEFINITION OF THE CONCEPT OF MARRIAGE CONTRACT: NEW APPROACHES

2021 ◽  
pp. 58-62
Author(s):  
O. Mykhalniuk
Keyword(s):  
Property Rights ◽  
Common Property ◽  
Family Law ◽  
Family Relations ◽  
Legal Regime ◽  
Judicial Practice ◽  
Marriage Contract ◽  
Marital Property ◽  
Separate Property ◽  
Definition Of

The purpose of the article is to study current issues of regulation of family relations under the marriage contract, to define the concept and content of the marriage contract in the light of new trends in notarial and judicial practice of Ukraine. For this research a number of general scientific and specific legal methods have been used, namely analysis of the legal issues, judicial categories, applied comparative-legal, systematic- structural, formal-logical methods and etc.. The author proposes a systematic approach to the study of problems of changing legal regimes of marital property under the marriage contract. It is based on the author's understanding of the concept and the legal nature of "legal property regime" in science of civil and family law of Ukraine, and analysis of the existing judicial practice within mentioned-above sphere. The notion "change the legal regime of marital property" and "change of property types" are not identical in content. The change of the legal regime of the spouses' property does not provide for the transfer of ownership of this property. It is proved that the legal regime of the property of spouses under a marriage contract can be changed only regarding the property, which will be acquired in the future. The effect of legal regime of separate property on the property, which was acquired by spouses in marriage (common property) is in contradiction with part 5, article 93 of the Civil Code of Ukraine. In this case there is actually a transfer of ownership. It is proposed to expand the range of legal relations that can be regulated by a marriage contract, namely: to include not only property but also personal non-property relations of brides and spouses. The author also proposes the definition of marriage contract as a legal instrument between spouses or fiancé and fiancée, which determines their property and personal none-property rights and obligations, in particular, regarding the establishment (change) of legal regime of future property, the regulation of its usage and dispossession, division of revenues and expenses and their property and personal non-property rights as parents in marriage and (or) in case of divorce. Keywords: family law, marriage contract, legal regime of spouses' property, joint common ownership, joint partial ownership, regime of separate property of spouses, regime of common property of spouses.

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 HISTORY OF DEVELOPMENT OF MARRIAGE AND FAMILY LEGISLATION OF UZBEKISTAN

2021 ◽  
Vol 8 (12(81)) ◽  
pp. 30-33
Author(s):  
N. Kuchkarova
Keyword(s):  
Family Law ◽  
Family Relations ◽  
Legal Regulation ◽  
Marriage And Family ◽  
History Of Development ◽  
National Family ◽  
History Of ◽  
Family And Marriage ◽  
The Republic ◽  
The Relationship

The article examines the legal regulation of the institution of family and marriage in national family law, as well as marriage as a legal institution, the concept of marriage. The author analyzes the relationship between the norms of family law and morality in the regulation of marriage and family relations. The history of the development of legislation on marriage is studied. The author pays attention to the borrowing of foreign experience in the legal regulation of the actual marriage and family relations between men and women in the Republic. The order and conditions of marriage.

scholarly journals The ‘oldest dated document of the Cairo Genizah’ (Halper 331): The Seleucid era and sectarian Jewish calendars

2021 ◽  
pp. 1-18
Author(s):  
EVE KRAKOWSKI ◽  
SACHA STERN
Keyword(s):  
Near East ◽  
Early Medieval ◽  
Near Eastern ◽  
Dating Methods ◽  
Marriage Contract ◽  
History Of ◽  
Legal Document ◽  
Cairo Genizah ◽  
Medieval Egypt

Abstract Halper 331 is the fragment of a codex that has been styled the ‘oldest dated document of the Cairo Genizah’. It preserves the opening of a Jewish legal document dated to the year 1182 (Seleucid era), which appears to have been copied into this codex, probably as a formulary, not long after this date, in the late 9th century. In this article, the text of this fragment, in Aramaic and Hebrew, is edited, and its identification as the beginning of a marriage contract (ketubbah) is evaluated. Its Egyptian provenance is questioned, partly because the earliest evidence for the introduction of the Seleucid era by Jews in Egypt dates from the mid-10th century. The article surveys the history of Jewish dating methods in early medieval Egypt and the Near East, in an attempt to clarify this question. The specific date of the document deviates from the rabbinic calendar, but agrees with that of the contemporary Jewish Near Eastern sectarian groups of Abū ʿImrān al-Tiflīsī and Ismāʿīl al-ʿUkbarī; this document could thus uniquely attest one of these sectarian Jewish calendars.

A Short History of the Origins of the European Society of Veterinary Pathology in the Arbeitsgemeinschaft der Veterinärpathologen

2021 ◽  
pp. 030098582110021
Author(s):  
Andreas Pospischil ◽  
Walter Hermanns
Keyword(s):  
European Society ◽  
The United States ◽  
European Countries ◽  
Short History ◽  
Parent Organization ◽  
National Organizations ◽  
Veterinary Pathology ◽  
History Of ◽  
European College ◽  
Pathologische Anatomie

The first continental European association for veterinary pathologists was founded in 1951 as the Arbeitsgemeinschaft der Veterinärpathologen (AG-Vetpath), bringing together veterinary pathologists from Germany, several European countries, and the United States. Yearly meetings were held in conjunction with the Deutsche Gesellschaft für Pathologie (DGP). Although the majority of DGP members were human pathologists, veterinary pathologists had been using the DGP as a forum for scientific exchange since the early 20th century. Renamed in 1969 as the Europäische Arbeitsgemeinschaft für Veterinärpathologen, and in 1974 as the Europäische Gesellschaft für Veterinärpathologie, the AG-Vetpath finally received its present name, the European Society for Veterinary Pathology (ESVP) in 1994. In parallel, national organizations for veterinary pathologists in European countries have also evolved over the years, the earliest being in Germany with the Fachgruppe Allgemeine Pathologie und pathologische Anatomie of the Deutsche Veterinärmedizinische Gesellschaft (DVG). AG-Vetpath represents the parent organization for further specialty organizations like the Gesellschaft für Toxikologische Pathologie (GTP) or the Arbeitskreis Diagnostische Veterinärpathologie (AKDV). Even the European College of Veterinary Pathologists (ECVP) was founded by members of ESVP.

Rethinking Racial, Ethnoracial, and Imperial Categories: Key Concepts in Comparative Race Studies in the History of Education

2020 ◽  
Vol 60 (4) ◽  
pp. 657-669
Author(s):  
Kim Cary Warren
Keyword(s):  
African American ◽  
Native American ◽  
Cultural Practices ◽  
Educational Leaders ◽  
White Americans ◽  
Equal Rights ◽  
History Of ◽  
Native American Tribes ◽  
American Teacher ◽  
American Educator

While researching racially segregated education, I came across speeches delivered in the 1940s by two educational leaders—one a black man and the other a Native American man. G. B. Buster, a longtime African American teacher, implored his African American listeners to work with white Americans on enforcing equal rights for all. A few years before Buster delivered his speech, Henry Roe Cloud (Winnebago), a Native American educator, was more critical of white Americans, specifically the federal government, which he blamed for destroying American Indian cultures. At the same time, Roe Cloud praised more recent federal efforts to preserve cultural practices, study traditions before they completely disappeared, and encourage self-government among Native American tribes.

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