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 Some aspects of deprivation of parental rights as a family law means of protecting the interests of the child

2021 ◽  
Vol 1 (1) ◽  
pp. 129-132
Author(s):  
Oleksiy Kucherenko
Keyword(s):  
Moral Education ◽  
Family Law ◽  
Scientific Article ◽  
Moral Problem ◽  
Parental Rights ◽  
Rights Of The Child ◽  
The Family ◽  
Legal Consequence ◽  
Judicial Procedure ◽  
Family Code

The scientific article investigates certain aspects of deprivation of parental rights as a family legal means of protecting children. The grounds and consequences of deprivation of parental rights are analyzed. Attention is paid to the peculiarities of taking a child away from parents without depriving them of their parental rights. It is emphasized that the problem of violation of the rights of the child in the family, which is the natural environment for the development and upbringing of a child, is not only a moral problem of society, but also requires effective legal means of protecting children, incl. family law. Although the list of grounds for deprivation of parental rights established by the Family Code is exhaustive and cannot be interpreted broadly, it contains a number of evaluative concepts, the interpretation and assessment of which must be carried out in each specific case by the court. It is indicated that a characteristic feature of deprivation of parental rights as an exclusive means of family law, applies to parents who do not fulfill their duties, is exclusively a judicial procedure for deprivation of parental rights. It is emphasized that the legal consequence of deprivation of a person's parental rights is the termination of family legal relations between parents and a child. At the same time, the application of a family legal sanction in the form of deprivation of parental rights does not mean the deprivation of paternity as a biological connection between the child and the parents and the complete termination of the legal connection between them. It is noted that the interests of the child can be protected through the removal of the child from the parents without deprivation of parental rights. The basis for this decision is that leaving the child with them is dangerous to his life, health and moral education. The only criterion that makes it possible to distinguish between deprivation of parental rights and the removal of a child without deprivation of parental rights is the degree of guilt of the parents.

scholarly journals إشكالية انتهاء كفالة الطفل في قانون الأسرة والقضاء الجزائري

2021 ◽  
Vol 9 (1) ◽  
pp. 153-167
Author(s):  
Halima Mechouet ◽  
Asma Akli Soualhi
Keyword(s):  
Child Support ◽  
Islamic Law ◽  
Family Law ◽  
Difficult Situation ◽  
Judicial Decisions ◽  
The Supreme Court ◽  
The Family ◽  
The Subject ◽  
Family Code ◽  
Child Sponsorship

Abstract in English: In the article 46, the Algerian Family Code stipulates the following: "Adoption is prohibited by both the Sharia and Law". Therefore, it is clearly understood that the interdiction of adoption doesn’t contradict the Islamic law (Sharia). But due - on one hand - to the confusion in Algerian society with regard to the conception of adoption with all its consequences, and on the other hand the difficult situation of many abandoned children and the suffering of many families who are not blessed with the fertility or the capacity of reproduction, the Algerian legislature has been forced to find solutions to such difficult cases. Therefore, a child support legislation (guardianship or sponsorship) has been established under the following Articles 116 and 125 of the Family Code. The study was based on the Algerian laws on the issue of the termination of child sponsorship and applied by the Algerian judiciary. The problem of the study is to know the cases of termination of child sponsorship in the Algerian family law, and the position of the Algerian judiciary on this issue. This study aims to mention the cases in which the sponsorship of the child ends in the Algerian family law, and to discuss some of the Algerian judicial decisions issued by the Supreme Court, related to the subject of the study in question. The study relied on the analytical method, in order to analyze legal texts and discuss judicial decisions. The study concluded that the Algerian family law stipulated some cases in which the sponsorship of the child ends, and neglected to mention other cases.   Abstract in Arabic: لقد نص المشرع الجزائري في المادة 46 من قانون  الأسرة على  ما يلي: "يمنع التبني شرعا وقانونا".يتضح من تحليل هذه المادة أن المشرع منع الآخذ بنظام التبني تماشياً مع أحكام الشريعة الإسلامية. لكنه، ونظرا للمشاكل المترتبة على قضية التبني في المجتمع الجزائري من أخذ وردو كذلك بالنسبة للوضعية الصعبة لبعض الأطفال المهملين، وكذا معاناة بعض الأسر التي لا تنعم بالإنجاب، التجأ المشرع الجزائري إلى حل يتجلى في الكفالة، فنظم أحكامها في المواد من 116 إلى 125 من قانون الأسرة. استندت الدراسة إلى القوانين الجزائرية الخاصة بموضوع انتهاء كفالة الطفل والمطبقة  من طرف القضاء الجزائري. تتمثل إشكالية الدراسة في معرفة حالات انتهاء كفالة الطفل في قانون الأسرة الجزائري، وموقف القضاء الجزائري من هذه المسألة. تهدف هذه الدراسة إلى ذكر الحالات التي تنتهي بها كفالة الطفل في قانون الأسرة الجزائري،ومناقشة بعض القرارات القضائية الجزائرية الصادرة عن المحكمة العليا،والمتعلقة بموضوع الدراسة محل البحث. لقد اعتمدت الدراسة على المنهج التحليلي، وذلك من أجل  تحليل النصوص القانونية ومناقشة القرارات القضائية. لقد توصلت الدراسة إلى أن  قانون الأسرة الجزائري نص على بعض الحالات التي تنتهي بها كفالة الطفل،وأغفل عن ذكر الحالات الأخرى

scholarly journals A New Vision of Subjects of Family Legal Relations

2020 ◽  
pp. 98-116
Author(s):  
Maryna BORYSLAVSKA
Keyword(s):  
Detailed Analysis ◽  
Legal Status ◽  
Family Law ◽  
Legal Regulation ◽  
The Body ◽  
Single Individual ◽  
Legal Personality ◽  
The Family ◽  
Family Code ◽  
Legal Consequences

The article examines the features of subjects of family law. As a result of the analysis, the conclusion that family legal relations can arise exclusively between individuals was further confirmed. Various proposals of scientists to expand the range of participants in family legal relations were analyzed, in particular, by including a surrogate mother there. It has been established that the Family Code of Ukraine regulates legal relations with the participation of such entities, which do not directly apply to participants in family legal relations. Among them it is possible to call the actual tutors and pupils, the actual spouses, the former spouses, the guardian, the tutor, other subjects where the orphan children and children deprived of parental guardianship are placed. The rationale for establishing in the Family Code a circle of persons whose relations are not regulated by the Code, but are governed by moral and ethical standards, is justified. The study of the subject of family law departs from the traditional doctrinal approach, according to which he is analyzed from the point of view of his legal capacity. At the same time, emphasis is placed on the person of the individual, and in fairly atypical cases. In this regard, a special detailed analysis of the following situations (phenomena) has been carried out: the sex of an individual and the change (correction) of gender; the problem of determining the number of natural persons (if they are twins) and the specificity of their participation in family legal relations; the possibility of recognizing a single individual as a subject of family law; the legal status of the deceased person subject to cryopreservation and the prospect of his legal status. It is established that it is for family law that the sex of an individual (female or male) is very important. Accordingly, the change in gender has very serious consequences for the participants in this relationship. It is justified that their lack of adequate legal regulation is a negative phenomenon. It is proposed to provide in the legislation with a provision according to which changing the sex of one of the spouses is the reason for the termination of the marriage. It has been established that a single person cannot be considered a subject of family legal relations. A detailed analysis of the existing experience of the life of Siamese (united) twins allows us to summarize that there are no and apparently cannot be unified approaches to recognizing their legal personality. Certain problematic issues of marriage and parental legal relations of Siamese twins are considered. A general analysis of the current situation regarding the capabilities of cryonics to preserve the human body (its parts) has been carried out. It has been established that these relationships are gaining popularity, which requires the search for solutions to the legal consequences of thawing such persons, including family legal consequences. During the preparation of the article, the experience of foreign countries and historical experience in the field of family and other related legal relations were actively investigated. Keywords: individual, subject (participant) of family legal relations, change (correction) of a person’s gender, legal personality of Siamese (united twins), a single individual, cryopreservation of the body (brain) of an individual.

scholarly journals (R)évolution en matière de libéralités : L’exemple de la liberté testamentaire au Québec

2021 ◽  
Vol 65 (4) ◽  
pp. 609-652
Author(s):  
Christine Morin ◽  
Keyword(s):  
Social Context ◽  
Family Law ◽  
Common Law ◽  
Civil Code ◽  
Public Order ◽  
Material Sources ◽  
The Social ◽  
The Family ◽  
Need For Support ◽  
Legislative Measures

"In Canada, Quebec is the only province to have a legal system under which civil matters are regulated by a Civil Code and not by common law. Nonetheless, Quebeckers had unlimited “freedom of willing” until 1989. Henceforth, although Quebeckers remain free to determine via their last wills and testaments to whom they wish to bequeath their property, their margin of freedom is limited by legislative measures governing the survival of the obligation to provide support after death and the partitioning of the family patrimony. Such limitations on the freedom to bequeath are based upon a family interpretation of public order whereby the deceased must share the value of given property with his or her spouse and look after the immediate family’s need for support. Despite this, the Civil Code makes still no provision, as in French law, for an “undisposable estate” (réserves héréditaires) and it is fitting to question the reasons motivating this decision. The author attempts to identify the social context in which freedom to bequeath came to be limited. As such, she seeks to make known the material sources underpinning the adoption of the Bill that introduced the primary limitations on freedom to bequeath. Her study shows that within the framework of discussions on relevancy to limit this freedom, the issue being debated shifted its objective. Participants widened the initial debate then focused on the transmission of the patrimony by redefining it to encompass the questions of sharing family assets. This transformation contributes to explain how the law of successions in Quebec has drawn closer to family law."

Ways of protection of interests in family law

2021 ◽  
pp. 162-172
Author(s):  
Svitlana Khodak
Keyword(s):  
Family Law ◽  
Legal Regulation ◽  
Educational Process ◽  
Best Interests ◽  
Practical Significance ◽  
Legal Method ◽  
The Family ◽  
Welfare Of The Child ◽  
The Subject ◽  
Family Code

Purpose. The purpose of the study is ways to protect the interests of family law and the need to formulate scientifically sound recommendations for improving the current legislation of Ukraine in the field of family law interests. Methodology. The technical and legal method was used in the study of ways to protect interests in family law. Scientific novelty is that the article states that the list of ways to protect family interests should go beyond the Family Code, be open, which determines the possibility of their protection in other ways not prohibited by law. The article also proves that in determining the child's place of residence, the main issue is to decide what is best for the interests of the child, and not the presumption in favor of the mother. It is argued that the essence of the principle of the best interests of the child is manifested in the priority consideration of the interests of the child in the parents, legal representatives of the child, authorities, courts and other persons to meet any of its needs (depending on age, health, gender and specifics of child development). The author proves that the principle of the best interests of the child includes the principle of the welfare of the child, and this eliminates the need to distinguish them as separate legal categories. Results. The article analyzes the problems of using methods of protection of family law interests. The author proves that the interest in family law is protected in the same ways as subjective family law. Practical significance. The results of the study can be used in lawmaking to improve legislation in the field of legal regulation of the category of interest; in the educational process - in the development of textbooks, teaching materials on the subject "Family Law of Ukraine".

The Attempt to Reform Family Law in Mali

2009 ◽  
Vol 49 (3-4) ◽  
pp. 398-428 ◽  
Author(s):  
Benjamin F. Soares
Keyword(s):  
Women's Rights ◽  
Family Law ◽  
Law Reform ◽  
Women’S Rights ◽  
Political Liberalization ◽  
Social Reforms ◽  
The Family ◽  
Ultimate Outcome ◽  
Family Code ◽  
Alternative Reading

AbstractIn this paper, I am concerned with understanding the recent efforts to reform the laws governing marriage and inheritance, the code de la famille or the Family Code in Mali. Since the advent of multiparty elections in the 1990s, prominent members of the Malian government and civil servants, Malian women's rights activists, secular NGOs, and international and bilateral donors have made efforts to promote various social reforms, including the advancement of women's rights and the promotion of gender equality, particularly through changes in the Family Code. While some observers have attributed the lack of reform to the increased influence of “Islamists” and/or to religiously conservative Muslims, I draw on historical research and ethnography to propose an alternative reading of the lack of institutional law reform. As I argue, the gap between Malian civil law relating to the family and the lived experiences and social practices of many Malians, who are overwhelmingly Muslim, has become even more apparent in this era of political liberalization and promotion of global human rights discourses. This has helped to make such proposed social reforms as the promotion of women's rights and family law reform more contentious and the ultimate outcome even more uncertain.

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 The concept and content of legal responsibility of spouses for failure to fulfill aliment obligations in family law

2021 ◽  
pp. 94-97
Author(s):  
A.M. Buryachenko
Keyword(s):  
Child Support ◽  
Scientific Literature ◽  
Family Law ◽  
Legal Responsibility ◽  
Scientific Article ◽  
Legal Doctrine ◽  
The Family ◽  
The Right ◽  
Family Code ◽  
Relevant Section

In a scientific article, the author conducted a scientific study of the concept and content of legal liability of spouses for non-performance of alimony obligations in family law. Based on the study, the author concluded that the Family Code of Ukraine does not contain a rule on the liability of the obligated spouse for failure to maintain an incapacitated spouse or a spouse in need of maintenance in connection with the upbringing of young children. From the content of Art. 196 of the Family Code of Ukraine, it is not clear whether it applies only to cases of non-performance of child support obligations, as follows from the finding of this rule in the relevant section of the Family Code of Ukraine. It is necessary to agree with the opinion expressed in the legal doctrine on the application of the provisions of Art. 196 of the Family Code of Ukraine for all alimony relations, in this regard, we propose to make appropriate changes to this article. In this case, in case of arrears due to the fault of the spouse, who is obliged to pay alimony by court decision or under the maintenance agreement, the spouse-recipient of alimony has the right to collect a penalty (penalty), and in case of late payment, due to illness or injury of the other spouse due to the payer’s fault, such payer is obliged to pay the amount of arrears at the request of the recipient of expenses, taking into account the established inflation index for the entire period of delay, as well as three percent per annum of the overdue amount. Although Art. 78 of the Family Code of Ukraine defines only three conditions of the spousal maintenance agreement: conditions, amount and terms of alimony, however, as stated in legal doctrine, such a condition as liability for non-performance of the maintenance agreement may also be determined by the parties. Unfortunately, the Family Code of Ukraine does not provide for a contractual procedure for determining alimony obligations to actual and former spouses, in this regard, in the scientific literature it is proposed to supplement the relevant provisions of Art. Art. 78 and 91 of the Family Code of Ukraine. In addition, the legislation of Ukraine in some cases provides for administrative liability for non-payment of alimony for the maintenance of one of the spouses, as well as liability in the form of one of the temporary restrictions set by the Law of Ukraine “On Enforcement Proceedings”.

scholarly journals QUALIFICATION OF CONTESTED FAMILY LEGAL ACTIONS IN THE BANKRUPTCY CASE OF A CITIZEN

2021 ◽  
pp. 34-38
Author(s):  
A. S. Salimov ◽  
S.V. Voronina
Keyword(s):  
Law Enforcement ◽  
Citizen Science ◽  
Common Property ◽  
Family Law ◽  
Legal Norms ◽  
The Family ◽  
The Law ◽  
Family Code ◽  
Law Making

Ransactions and fulfillment of obligations and obligations arising in accordance with family law arethe subject of judicial challenge at the request of a financial manager acting in the interests of creditors inthe bankruptcy of a citizen. Science and the law do not consider the grounds for the invalidity of actions forthe execution of transactions. The family-legal actions of a debtor-citizen based on an agreement between spouses, parents and judicial acts on the division of common property and the recovery of alimony are subjectto challenge on the grounds provided for by the norms of the Civil Code of the law and the bankruptcy lawon the invalidity of transactions only for the convenience of law enforcement. The actions of spouses andparents to dispose of their property rights and obligations arising from family legislation are either familylaw contracts (agreements) or actions to fulfill the obligations provided for by the Family Code. The correctqualification of the debtor’s family legal actions determines the quality of law-making, understanding of theactual meaning of legal norms and the exact fulfillment of their prescriptions.

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