scholarly journals THE FAMILY - A BIOLOGICAL, SOCIAL AND JURIDICAL REALITY

2014 ◽  
Vol 8 (1) ◽  
pp. 104-108
Author(s):  
Iosif Florin Moldovan

The family is a biological reality entailed by the union between a man and a womanand by procreation; it is a social reality, given the community of life between the spouses,between parents and children and, generally, between the family members; last but not least,it is a legal reality, by way of the legal regulations regarding the family.In a narrow sense, the notion of the family includes the spouses and their minorchildren. In a broader sense, the notion of the family would mean the genealogical tree thatincludes the totality of the persons descended from a common author, to whom are added thespouses of those persons.A precise and rigorous definition of the notion of family is hindered by manydifficulties, simply because it is an object of research in various and numerous sciences,such as sociology, psychology, law, medicine, etc., each trying to capture its characteristicaspects from their particular angles. The motivation? The legislators themselves are notconsistent in establishing a legal definition of the family, providing this notion with an arrayof different meanings.In this paper, we will attempt to outline and account for these realities of the familyfrom a legal standpoint, as evinced by various statutory regulations in this field.

2018 ◽  
Vol 10 (4) ◽  
pp. 175
Author(s):  
Tanel Feldman ◽  
Marco Mazzeschi

Rights of residence derived from a durable relationship with an EU citizen, are left to a relatively wide discretion of the Member States. Pursuant to Article 2.2 (b) Directive 2004/38/EC (“Directive”), “the partner with whom the Union citizen has contracted a registered partnership, on the basis of the legislation of a Member State, if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down in the relevant legislation of the host Member State” qualifies as family member. Provided that they have a durable relationship (duly attested) with an EU citizen, pursuant to Article 3.2(b), unregistered partners are as well beneficiaries of the Directive. The durable relationship was expressly excluded from the scope of Article 2(2)(b): “Unlike the amended proposal, it does not cover de facto durable relationships” (EU Commission, Document 52003SC1293). Article 3 (2)(a) covers “other family members” (no restrictions as to the degree of relatedness) if material support is provided by the EU citizen or by his partner or where serious health grounds strictly require the personal care of the family member by the Union citizen. Pursuant to Article 3.2, “other family members” and unregistered partners can attest a durable relationship, must be facilitated entry and residence, in accordance to the host Member State’s national legislation. In the light of Preamble 6 Directive, the situation of the persons who are not included in the definition of family members, must be considered “in order to maintain the unity of the family in a broader sense”. The questions discussed in this paper are the following: (i) are Member States genuinely considering the concept of durable relationship in view of maintaining the unity of the family in a broader sense? and (ii) how to overcome legal uncertainty and which criteria, both at EU and at international level, can be taken into account in order to assess whether a durable relationship is genuine and should be granted the rights set forth by the Directive?


2015 ◽  
Vol 3 (2) ◽  
pp. 289-316 ◽  
Author(s):  
Nydia Flores-Ferrán ◽  
Sora Suh

The study explores how code switching (CS) manifests itself in adversarial episodes during meal time. In particular, it examines how CS emerges among members of a Korean American family as they wrangle, dispute, and argue in this intimate discursive setting. Several researchers have examined how arguments and disputes among children are realized (e.g., Boggs 1978; Brenneis and Lein 1977; Corsaro and Rizzo 1990; Eisenberg and Garvey 1981). Nonetheless, little is known about how bilingual children and their parents employ CS as a negotiating tool in conflict-related interactions. Among the findings, the study reveals that CS is manifested in the parents and children in slightly different ways although the family members skillfully maneuver the use of two languages and registers. The study uncovers how CS was employed as a strategy to attempt to achieve goals and how it intersected with stance taking. In general, CS also emerged as a discursive strategy that the interlocutors employed to explicate, challenge, mitigate, hedge, and plead during these episodes.


2017 ◽  
Vol 14 (1) ◽  
pp. 18-34 ◽  
Author(s):  
Rebecca Sear

AbstractDespite the tendency of some academic disciplines to assume that the nuclear family is normative, the family takes a number of different forms cross-culturally. Regardless of family form, family members typically cooperate in raising children. Intergenerational help (from grandparents to parents and children), for example, is a cross-cultural universal. Such cooperation means that the availability of kin may be one salient factor in deciding whether and when to have children. Here I consider the evidence for whether the availability of kin does influence fertility, and whether these relationships vary cross-culturally. I find evidence from middle and lower income populations that the presence of kin does increase fertility, and that these relationships are plausibly driven by cooperation between family members. In higher income contexts, associations between kin and fertility are mixed, and appear particularly sensitive to how kin availability and support is measured. There is some evidence that certain measures of support from kin (such as emotional support or help with childcare) increases the likelihood of subsequent births, but kin support is not always positively associated with fertility. Family matters for fertility, then, though these relationships may be complex and context-specific. Policy needs to take this diversity into account, and should not focus exclusively on the nuclear family model, nor neglect the roles other family members play in reproductive decisions.


Author(s):  
J. Dinesh Kumar ◽  
Arulchelvan Sriram

ICT influence in various activities in the family is a periodical topic to study as the technological developments grow day by day. This research attempts to study the influence of ICT in various family activities with special reference to parent and children. 88 families from Chennai city were surveyed and interviewed to find the influence of ICT in usage, purpose, preference, leisure activities, depression time activities, and communication time. Findings found the changes occurred in families and their opinion on ICT usage in a contemporary family structure. It is found that parents and children use the ICT devices in a similar way except for preference of activity. Parents prefer ICT more for entertainment whereas children preference is for education, developing social networks, etc. Except for communication facilitation, family members feel that ICT has changed most of the family activities, but it is considered as modern and acceptable in today's digital world. Family members have both positive and negative opinions regarding ICT usage in their family.


2015 ◽  
Vol 9 (2) ◽  
pp. 221-248
Author(s):  
NUR AINIYAH

This study is focusing on communication pattern of educational communication of fishermen children. The purpose of this study was to describe the education of fishermen children do not get stuck on dropout. So the focus (1) How does the social reality of fishing families in Wonorejo? (2) What are the perceptions of parents in regard to education for children? (3) How are the communication patterns of education in the family of fishermen to raise awareness of children in education? this research based on the qualitative analysis by reducing, observating, interviews and documents. The results of study that fishing are poor, that makes difficully to pursue their education to higher levels, it triggers the child has a "dropout". Second family communication is actually done intensely with the patterns of interpersonal communication. Third, the Communication to child in family occurs in three forms, between mother and father, parents and children and children with other children with social associative and dissociative.


2021 ◽  
Vol 65 (4) ◽  
pp. 567-608
Author(s):  
Carmen Oana Mihăilă ◽  

"Marriage certainly has an interesting evolution, sometimes even spectacular. This institution, related to that of the family, has played an important role in society throughout the evolution of humanity, from a means of protection, to an alliance, reaching in our times a consensual union based on love. Society and marriage, as we will see, have a parallel development and any change in the values of human society also determines changes in the definition of the concepts of marriage and family. For example, the decrease in women's dependence played a decisive role, as it participated morally and financially in the development of married life. The changes in the management of cultural and ideological family life bring us to our times when there is more and more talk about same-sex marriages. Whether we call forth historical data or legal regulations, or whether we turn our attention to religion, literature, or art, marital union is the source of inspiration that has endured over time."


2021 ◽  
Vol 11 (1) ◽  
pp. 251-262
Author(s):  
Barbara M. Kałdon

Care for the well-being of the youngest family members is one of the main goals of the legislator. A properly functioning family does not require an interference of the officials as long as it does not deviate from the generally accepted standards. However, if such a situation occurs, it is necessary to undertake legal mechanisms aimed at restoring the proper functioning of the family. Consequently, various branches of the law regulate instruments to help the family overcome the crisis. The article presents selected areas of civil law child protection referring to such issues as prohibition of using corporal punishment against a minor and the consequences of its violation, other forms of abusing parental authority, as well as the regulation of certain relations between parents and children.


2016 ◽  
Vol 5 (2) ◽  
pp. 20-24
Author(s):  
Damian Puślecki

Abstract The paper discusses the issues relating to the legal definition of the family farm as the foundation of the agricultural system in Poland. According to Article 23 of the Constitution of 1997, the family farm is the basis of the Polish agricultural system. By means of analysing the provisions of the Constitution and the Act on the Agricultural System, the paper points out current tendencies in the Polish agricultural system. The main aim of this article is to identify individual elements of the legal definition of the family farm and to evaluate already existing solutions on the matter. The final part of the paper presents de lege ferenda postulates.


Author(s):  
Dinesh Kumar J. ◽  
Arulchelvan S.

The use of information and communication technologies is increasing in the present scenario to a great extent for various purposes such as education, entertainment, business, e-governance, and so on. When ICT use expanded its origin, it has also predominantly taken a huge place in domestic activities. In the recent decade, the domestication of technologies in home has been expanding and its influence in family activities and family members must be a considerable area to study. Though many scholars from various countries attempted to understand the ICT influence in family life, this chapter adds a contribution to the field by analysing how the different activities in domestic life influences the family dynamics. This research collected the data from two different generation family members such as parents and children. This will help to understand how the ICT use influences the intergeneration family members. It is found that ICT has a desirable influence in family activities. Young adults are highly influenced by parents, and the regular monitoring is expected to avoid harmful effects.


2021 ◽  
Vol 6 (6) ◽  
pp. 30
Author(s):  
Mukhayo Ashurova ◽  

The right to own and use housing primarily belongs to the owner and his family members. When exercising their right to housing, the owner and his family members interact within the limits of their powers established by law. At the same time, when realizing the rights of these subjects to housing,there are certain legal constructions. If the owner exercises the right to own and use the house in accordance with thestructure of the ownership right, then the family members of the owner and other persons entitled to reside in the house have the right to usufruct. A usufruct structure is a material and legal structure for the use of housing, in which the user's right arises on the basis of objective norms established by law. Thus, the regulation of usufruct at the legislative level, a clear definition of the mutual rights and obligations of the home owner and his users serve to prevent various disputes thatmay arise


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