scholarly journals Márkus Dezső a nőkérdésről II.

DÍKÉ ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 230-242
Author(s):  
Kinga Császár
Keyword(s):  
Women's Rights ◽  
Legal Status ◽  
Legal Profession ◽  
Case Law ◽  
Civil Code ◽  
Women’S Rights ◽  
Legal Practice

This paper shows the standpoints of the representatives of the legal practice about women’s legal status in Hungary between 1867 – 1918. The actuality of the examination was the fact that the drafts of the first Civil Code in Hungary (1900 –1928) were under editing at the same time. The articles about  alimony and jointure are described in this paper. The study shows the attitude of the members of the legal profession towards the extension of women’s rights and the significant contradictions in case law.

Divorce on grounds of discord: Did the Moroccan family law reform bring the guarantee of divorce for women? An ethnographic perspective on the changing landscape of divorce. The Mudawwana a decade on

2020 ◽  
Vol 74 (1) ◽  
pp. 35-65
Author(s):  
Elisabeth Nössing
Keyword(s):  
Women's Rights ◽  
Family Law ◽  
Age Groups ◽  
Case Law ◽  
Family Court ◽  
Law Reform ◽  
Women’S Rights ◽  
Mena Region ◽  
Men And Women ◽  
Moroccan Family

AbstractThis article discusses the new divorce on grounds of discord procedure (taṭlīq li-š-šiqāq) within the context of the Moroccan family law reform of 2004. Literature available in English and French has, so far, focused primarily on the improvements the Moroccan family law reform has brought in regard to women’s rights. The reform is considered one of the most progressive legislative projects in the MENA region and a milestone for gender equality, notably the reform of divorce law. Divorce on grounds of discord was seen as the long-awaited divorce guarantee for women. However, legal scholars maintained that case law jeopardised the divorce guarantee. This legal-anthropological study is informed by fieldwork at the family court in Rabat, as well as official statistics, case law and the standard legal commentary. It aims to scrutinise how divorce on grounds of divorce is put into practice by the judiciary, how Moroccan men and women make use of it and how changes on a procedural and institutional level affect the implementation of the new divorce procedure. My empirical findings show that divorce on grounds of discord effectively guarantees Moroccan women’s right to divorce. Well beyond the discussion on women’s rights in divorce, I will demonstrate that, within a decade, divorce on grounds of discord developed into a standard divorce procedure for both men and women across socio-economical milieus and age groups.

The Legal Status of Women in Early America: A Reappraisal

1983 ◽  
Vol 1 (1) ◽  
pp. 129-151 ◽  
Author(s):  
Marylynn Salmon
Keyword(s):  
New England ◽  
Women's Rights ◽  
Legal Status ◽  
Women’S Rights ◽  
Early American ◽  
American Law ◽  
History Of ◽  
Revolutionary America ◽  
The Republic ◽  
Status Of Women

In 1930 Richard B. Morris published Studies in the History of American Law: With Special Reference to the Seventeenth and Eighteenth Centuries. The monograph included a chapter on the legal status of colonial women that became extremely influential within a short time of its appearance. Morris's influence continues half a century later. Several books published in 1980 cite him as one of their primary authorities on women's rights: Linda K. Kerber, Women of the Republic: Intellect & Ideology in Revolutionary America; Lyle Koehler, A Search for Power: The ‘Weaker Sex’ in Seventeenth-Century New England; and Mary Beth Norton, Liberty's Daughters: The Revolutionary Experience of American Women, 1750–1800. Other influential books and articles also rely heavily on Morris, including A Little Commonwealth: Family Life in Plymouth Colony by John Demos, ‘The Illusion of Change: Women and the American Revolution,’ by Joan Hoff Wilson, and ‘The Lady and the Mill Girl: Changes in the Status of Women in the Age of Jackson, 1800–1840,’ by Gerda Lerner. In fact, almost every published sentence on women's rights in early American law is followed by a footnote citing chapter three of Studies in the History of American Law. In The Bonds of Womanhood (1977), Nancy F. Cott declared that Morris's chapter ‘has become the standard essay on colonial women under the common law.’

scholarly journals Spór wokół prokury łącznej niewłaściwej jako sposobu reprezentacji w spółkach kapitałowych

2017 ◽  
Vol 21 ◽  
pp. 177-190
Author(s):  
Paweł J. Karkowski ◽  
Weronika A. Stefaniuk
Keyword(s):  
Legal Status ◽  
Case Law ◽  
Daily Basis ◽  
Civil Code ◽  
Power Of Attorney ◽  
Before And After ◽  
The Individual ◽  
A Company

The dispute over the incorrect joint procuration as a way of representation in private limited companiesThe subject of this article is an attempt to present the most important problems related to a power of attorney in a company that raises many questions for people who apply specific rules on a daily basis. Authors will analyze the individual issues that are the cause of doctrinal disputes as well as case law, but not without reference to practice. The purpose of the study will be to describe the incorrect joint commercial representation which should no longer be called this way. Authors will analize the legal status before and after the amendment of the Civil Code, referring to the changes critically and answering at the same time question whether those already introduced changes solve the problems that have occurred so far or they are still not sufficient. To sum up considerations in the end, authors will mark new problems pending after the amendment.

scholarly journals The Legal Status of Subjects of Corporate Relationships: Doctrinal and Law Enforcement Aspects

2021 ◽  
Vol 2 ◽  
pp. 3-7
Author(s):  
Oksana V. Cherkasova ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Status ◽  
Case Law ◽  
Civil Code ◽  
Law And Order ◽  
Generic Term ◽  
Foreign Law ◽  
The Russian Federation ◽  
The Right

The article reviews the legal status of subjects of corporate relationships, analyzes doctrinal and law enforcement aspects. The author analyzes the scientists’ standpoints, various models of interaction between the subjects of corporate relationships existing in foreign law and order, case law, arrives at conclusions about the correlation between the categories of the “right of participation”, “right of membership”, “right of management”. It is noted that the membership concept evolves out of participation by performing the function of a generic term. It is suggested to determine the “right of management” of a corporation as just one of the member’s activity areas along with other rights. The author recommends to ensure consistency of the provision of Article 2 of the Civil Code of the Russian Federation and Articles 65.2, 65.3 of the Civil Code of the Russian Federation where the concept of the “right of participation” would act as a basic one and the “right of management” would be its constituent part.

An unedifying monument? J.M. Kemper and some early controversies around the French civil code

2007 ◽  
Vol 75 (2) ◽  
pp. 213-229
Author(s):  
Alain Wijffels
Keyword(s):  
The Netherlands ◽  
Case Law ◽  
Civil Code ◽  
Legal Practice ◽  
Lower House

AbstractAgainst allegations that the 1820 draft of a Civil code for the Kingdom of the Netherlands was too doctrinal and theoretical, one of J.M. Kemper's arguments during the parliamentary discussions consisted in pointing out that far from being academic, the provisions of the draft which further elaborated on general principles expressed in the French Civil Code were in fact meant to settle through legislation controversies which had appeared in French legal practice and case law after the enactment of that code. Kemper's unsuccessful argumentation was especially developed in the course of the debate in the Lower House on the draft's preliminary articles relating to (i) the non-retrospective effect of statutes and (ii) nullity as a default-sanction for violation of statutory rules.

Women in Enlightenment and Revolution and their Position in the First Modern Civil Codes

1992 ◽  
Vol 7 (2) ◽  
pp. 93-122
Author(s):  
Dorothea Wayand
Keyword(s):  
French Revolution ◽  
Women's Rights ◽  
Western Europe ◽  
Civil Code ◽  
Male Dominance ◽  
Women’S Rights ◽  
The Enlightenment ◽  
Civil Codes ◽  
Male Supremacy ◽  
The Revolution

AbstractWomen did not gain from the Revolution or the Enlightenment as men did. Seeking the cause for this, the paper concentrates upon the period of 1770–1810, and the area of Central and Western Europe. It is found that during the French Revolution a number of persons, mostly women, did fight on behalf of women's rights to freedom and equality. However, even before the Revolution was over, they had lost what little they had gained earlier. With Napoleon's Civil Code, a modern code in many ways, the time-honoured supremacy of the male was reasserted. In Prussia, a less violent struggle went on about women's rights. It was fought by men on both sides and it was occasioned by the lengthy creative process which resulted in the first of the modern codes by 1796. It reflected a few of the arguments made in favour of women, but in principle it enshrined male supremacy. The Austrian Civil Code extended the recognition of female equality a bit further. Both German codes were influenced by Enlightened theories; however, they were unable to overcome the long-established principle of “natural” male dominance.

scholarly journals Women’s rights and minorities’ rights in Canada. The challenges of intersectionality in Supreme Court jurisprudence

2017 ◽  
Vol 9 (3) ◽  
pp. E-194-E-218 ◽  
Author(s):  
Valentina Rita Scotti
Keyword(s):  
Supreme Court ◽  
Gender Equality ◽  
Women's Rights ◽  
North American ◽  
Muslim Women ◽  
Case Law ◽  
Women’S Rights ◽  
Cultural Rights ◽  
British North American ◽  
The Impact

Abstract After a discussion of the impact of the principle of equality, entrenched in the Charters approved in Canada since the 1867 British North American Act, this essay then focuses on the related Supreme Court’s adjudications. A brief analysis of the case-law concerning gender equality is followed by the discussion of cases of Aboriginal and Muslim women with the aim of assessing whether intersectionality represents for these groups of women a source of double discrimination. Brief concluding remarks discuss the challenges deriving from the different options for accommodating the principle of equality with cultural rights.

scholarly journals RIGHTS OF WOMEN DURING PRE-MARRIAGE FROM QUR’ANIC PERSPECTIVES WITH CROSS-REFERENCE TO THE LAW IN MALAYSIA: AN ANALYSIS

2020 ◽  
Vol 5 (19) ◽  
pp. 01-09
Author(s):  
Nadzrah Ahmad ◽  
Rahmawati Mohd Yusoff ◽  
Mohammad Hidir Baharudin
Keyword(s):  
Women's Rights ◽  
Case Law ◽  
Women’S Rights ◽  
Cultural Interpretation ◽  
The Law ◽  
The Moment ◽  
Cross Reference ◽  
Rights Issues

Women’s rights issues have marked their spot as one of the most debated issues throughout the centuries. Whenever the issue is raised, the topic of marriage is the most highlighted concerning the discussion. Marriage is regularly portrayed as an “oppressive sphere” for women, with their rights being oppressed since the moment of pre-marriage, especially in Islam. However, further reflection on the issue has shown that Islamic matrimony liberates women, preserves their honor and place in society, and abolishes injustice when guided in principle from the Qur’an and the Sunnah of Prophet Muhammad (PBUH) which will be examined in this research. The paper will also analyse the issue in the law of Malaysia and supported by the case law if any. In addition, reference will also be made to the opinions of the scholars regarding the conflicting issue of the rights of women during pre-marriage. Regrettably, Muslims’ misunderstanding due to cultural interpretation and mispractice of original Islamic teachings have tainted the true Islamic ideal. It is hoped that the study may provide a clear reference and guideline regarding the rights of women during pre-marriage from both the Islamic and Malaysian laws as this topic is highly significant and beneficial to numerous parties in the present day.

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