scholarly journals Adopción en España de menores en situación de Kafala y Ley Nacional del Adoptando = Adoption in Spain and National Law of the Adopting

2018 ◽  
Vol 10 (2) ◽  
pp. 931 ◽  
Author(s):  
Mª Jesús Sánchez Cano

 Resumen: La ley española sólo ofrece dos posibles soluciones a los ciudadanos que constituyen una Kafala en un país islámico: el reconocimiento, sin más pretensiones, a través del artículo 34 LAI o la constitución de una nueva adopción en España conforme a la ley española. Ahora bien, el artículo 19.4 LAI impide la adopción cuando la ley nacional del adoptado la prohíba o no la contemple, lo que sucede en la mayor parte de los Estados musulmanes. Corresponde a los Tribunales españoles interpretar el sentido de esta prohibición, atendiendo las circunstancias del caso concreto y en particular, al grado de integración del menor en nuestro país, junto con las posibilidades de que se constituya una adopción claudicante.Palabras clave: adopción, Kafala, Ley de Adopción internacionalAbstract: Spanish law only offers two possible solutions to the citizens which constitute a Kafala on an Islamic country: the recognition, without more pretensions, through article 34 LAI or the creation of a new adoption in Spain in accordance with Spanish law. Now, article 19.4 LAI prevents the adoption when the adopted national law prohibits it or do not regulate it, what happens in most of the Muslim States. It corresponds to the Spanish courts interpret the meaning of this prohibition, taking account of the circumstances of the specific case and in particular to the degree of integration of the child in our country, along with the possibilities of that constitute a claudicator adoption.Keywords: adoption, Kafala, International Adoption Law.

Genealogy ◽  
2019 ◽  
Vol 3 (4) ◽  
pp. 50
Author(s):  
Jessaca Leinaweaver

This article examines place and privacy as two key resources for producing kinship through an analysis of exceptional legal practices in Spain that overdetermine international adoptees’ Spanishness. Per Spanish law, minors internationally adopted by a Spanish parent are “Spanish by origin” (españoles de origen). Over and above this, however, Spain’s Civil Registry Law was modified in 2005 to allow internationally adoptive parents to officially change their child’s place of birth in the formal record. I draw on legal material about this change, as well as online posts by adoptive parents discussing it, to make two claims. First, I identify the significance of place as a key resource for the production of kinship—belonging to a Spanish family and nation. Second, I note the persistence of an ideology of secrecy or privacy surrounding the family that is linked to a history of illicit child circulations during the Franco era. I further show that documents are a key nexus mediating the place–kinship and privacy–kinship relations, requiring further attention to both legal documentation and the proliferation of public personal narratives, such as blog posts, as evidence of family dynamics.


Author(s):  
Xavier Brioso ◽  
Antonio Humero

Abstract There is a demand for lean construction in Europe; even though lean construction is still an emerging field and there is growing interest, there are no regulations on this topic. The main objective of this research is to regulate this role when in a project and to define and develop a building agent structure, according to the Building Standards Act (LOE by its acronym in Spanish), to be able to incorporate it into the Spanish law, protecting it from civil liabilities. In Spain, there is jurisprudence in civil jurisdiction based on the LOE to acquit or convict building agents, who are defined in the courts as “constructive managers” or similar. For this reason, courts could establish in the future several liabilities for the lean construction specialist and other agents of the project, depending on their actions and based on the implementation of the lean project delivery system, the target value design and the integrated project delivery. Conversely, it is possible that the level of action of the lean construction specialist may comprise design management, construction management and contract management. Accordingly, one or more building agents should be appropriately incorporated into the LOE according to their functions and responsibilities and based on the levels of action of the lean construction specialist. The creation of the following agents is proposed: design manager, construction manager and contract manager, definitions that are developed in this study. These agents are loosely defined, because any project manager, building information modeling manager or similar may act as one or as more-than-one of them. Finally, the creation of the lean construction manager is also proposed, as the agent who takes on the role of the design manager, construction manager and contract manager, but focused on the lean production principles.


2018 ◽  
pp. 409-427
Author(s):  
Amrudin Hajrić

Language accompanies people in time and space, but also in all their social environments and professional activities, which affects the language and leads to its stratification based on all these grounds, since various environments impose different language varieties we use to communicate. The extent to which a language is stratified is conditioned by the extent to which the society using the language is compact and homogeneous in territorial and social terms. As the Arabic language has covered a huge geographic space, its stratification has been present since it can be traced, but it was further intensified with the expansion of the Arab-Islamic country and later the colonial conquests resulting in political differentiation and the creation of a larger number of independent, and in some cases also, mutually warring Arab countries.


Author(s):  
Matthew Mirow

This chapter addresses the way Spain employed law in its discovery, exploration, conquest, and settlement of the New World. After describing the law on the peninsula, the chapter traces the application and adaptation of these legal materials and institutions to Spain’s new provinces through a new and important body of law known as derecho indiano. Specific aspects of colonial control are addressed in their relationship to new conditions and imperial economic and political aspirations. These include the justification for conquest, slavery, and indigenous labour, the creation of new institutions, sources, and legal actors. The chapter briefly describes the impact of derecho indiano during and after independence in the new republics of Latin America. Spain formed and adapted law to meet the challenges of distance, international competition, new populations, trade, and the replication of Spanish society as its political and military presence expanded throughout the world.


2020 ◽  
Vol 43 ◽  
Author(s):  
Stefen Beeler-Duden ◽  
Meltem Yucel ◽  
Amrisha Vaish

Abstract Tomasello offers a compelling account of the emergence of humans’ sense of obligation. We suggest that more needs to be said about the role of affect in the creation of obligations. We also argue that positive emotions such as gratitude evolved to encourage individuals to fulfill cooperative obligations without the negative quality that Tomasello proposes is inherent in obligations.


Author(s):  
Nicholas Temperley
Keyword(s):  

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