scholarly journals THE FAMILY-LEGAL AGREEMENTS TA THEIR ROLE IN RESOLVING FAMILY DISPUTES

2019 ◽  
pp. 49-53
Author(s):  
O.I. Kiselova ◽  
R.V. Kokhtenko

The article defines a definition of the family – law contract, its purpose, and analyzes the peculiarities of contractual regulation of family disputes. In the consideration of the premises of the current family- law of Ukraine, the article deals with the peculiarities of the construction of the family-legal contract, namely. Classification of the family –law contracts, which can be concluded between individuals – subjects of family legal relations based on the provisions of the norms of the Family Code of Ukraine. It is determined that the family-legal agreement is a private-law act, which is concluded with the aim of regulating family relations between family members. Such a private legal action is based on the provisions of equality of the parties, their free expression of will, and property independence. It was found out that the subjects who can enter into family-legal contracts are exclusively individuals who are endowed with a characteristic such as family or marital status. The content of the family law contract may be both property and non-property family rights and obligations. It was investigated that family law treaties play an extremely important role in settling family disputes and are an alternative to solving such disputes in court. The value of family law contracts in settling family disputes is that they regulate property and non-property relationships between individuals – subjects of family relationships, according to their will, taking into account their personal views on family relationships. The ways of solving problems that hinder the conclusion of contracts by the participants of family legal relations with the aim of settling family disputes are offered. Keywords: legal structure, family-law contract, construction of the contract, subjects of the contract, the content of the contract, terms of the contract, the form of contract, the purpose of the contract, types of contracts.

2021 ◽  
Vol 13 (2) ◽  
pp. 101-107
Author(s):  
Ahmed Hasan Mousa ◽  
Abdulkadhim Hashim Mutlag

This research paper is mainly concerns with the analyzing of Sarah Ruhl's play The Oldest Boy (2014), critically via considering the clashes of culture, and religion with family ideologies. By Adherents T.S. Eliot’s approach in his Notes towards the Definition of Culture, the paper is devoted to looking at and embodying the cultural and religious rift occurring in Ruhl’s The Oldest Boy. And to stand on the fact of the impact of the cultural and religious conflict on the family relations by passing throughout the main event of the play as to attract a Christian-born child who is only three years’ old to convert to Buddhism, and to be a Tibetan Buddhism Lama. The case is hectic for an American mother with no information on, or faith in, Buddhism. The paper proceeds with the hypothesis that the genuine clash is inner and it lies in the Mother's battle to give up her child or not in the middle of the spontaneous flood of cultural, religious and emotional clashes. The paper concludes that religion is what shapes the culture of countries.


2021 ◽  
Vol 10 (1-2) ◽  
pp. 170-187
Author(s):  
Vyacheslav I. Truba ◽  
Lyudmila M. Tokarchuk ◽  
Stella Ye. Morozova

Abstract The paper provides the results of the analysis of the current state of legal regulation of family relations in Ukraine, and summarises the main problems of the legislation that establishes general principles of regulation of family relations. Particular attention is devoted to the research into the basic principles of family law, and how they are reflected in the Constitution of Ukraine and the Family Code of Ukraine. To assess the compliance of the Family Code of Ukraine with current societal developments, a careful comparison of its provisions with the principles developed by the Commission on European Family Law (cefl) is needed. The family legislation of Ukraine requires detailed monitoring, factoring in the provisions of a questionnaire developed by the Commission. There is a need to introduce a system of national planning, development and adoption by the Verkhovna Rada of Ukraine of the concept of national legal policy.


2009 ◽  
Vol 90 (2) ◽  
pp. 227-230 ◽  
Author(s):  
Joan Beder

When an individual dies, the role of the family member(s) is clearly prescribed by society: support, presence, caring, and remembrance. Traditionally, the definition of “family” has broadened to create the “extended family” or “expanded family” with members defined by deep bonds, relationships, and friendships. Currently, close friends who become the extended/expanded family, can be as central as kin to family structure and stability. Therefore, when one member of an extended family dies, the death resonates throughout the entire system affecting not only the lives of the immediate family members, but also those in the expanded circle of family relationships. This article describes the relationships in one extended family and discusses the struggles and counseling interventions used when one member of an extended family suddenly dies.


2015 ◽  
Vol 25 (62) ◽  
pp. 353-362 ◽  
Author(s):  
Michele Terres-Trindade ◽  
Clarisse Pereira Mosmann

AbstractInternational studies have shown effects of family relations on Internet addiction in young people. This research aimed to outline a discriminant profile of young people classified as dependent and not dependent on the Internet regarding to socio-biodemographic variables to parenting practices, parent-child conflict and interparental conflict. The sample consisted of 200 students (152 girls and 48 boys), between 15 and 24 years of age, 85.5% reside in Rio Grande do Sul and 14.5% in other Brazilian states. Participants responded individually to the protocol available online. The results showed that interparental conflict, parent-child conflict and the educational practice of supervision of paternal behavior discriminate dependents on Internet. The educational practice of maternal emotional support was the only discriminating variable for non-dependents. These national findings corroborate the international context studies and reinforce the importance of including the family in promotion and prevention of mental health of young people.


2017 ◽  
Vol 9 (10) ◽  
pp. 92
Author(s):  
Alejandro Valencia-Arias ◽  
Carolina Herazo Avendano ◽  
Laura Echeverri Sanchez ◽  
Juan Manuel Peña Plata ◽  
Stephanía Vasquez Giraldo ◽  
...  

Modern societies are increasingly globalized, where information and communication technologies (ICTs) play a fundamental role in every aspect of daily life: from the social, family, labor, among others. Every day more people who without distinguishing age and gender are seen in the need and desire to have at least one technological device. Objective: To examine the impact of using ICTs in the family relations of the residents of Medellín city. Methodology: exploratory-descriptive research through a quantitative methodological design, a non-probabilistic sampling by criterion was made, where 77 people were selected. Data were collected through a questionnaire type survey with closed questions in a virtual way during 3 Months. Results: among the results, 73.4% of responders suggest that there is no adequate supervision of adults to guide children and adolescents to establish a critical position on these contents. On the other hand, the most valued resources are the mobile device and computer for the possibilities of communication between relatives that are far way and for being means to improve the educational and labor processes. Conclusion: studies around ICTs and their impacts have grown significantly, which it ratifies the importance of the topic. It is imperative that parents stop seeing ICTs as a distant entity, and try to be at the forefront of the uses of the same by children, to generate effective control in the training processes within the family.


Author(s):  
Iosif-Florin Moldovan Iosif-Florin Moldovan
Keyword(s):  

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.


2004 ◽  
pp. 159-178
Author(s):  
Gordana Kovacek-Stanic

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.


2021 ◽  
Vol 6 (2) ◽  
pp. 19-25
Author(s):  
Murod Turgunov ◽  

Thecurrent article discusses the issues of ensuring the rights of the child in the Avesta, the sacred book of the Zoroastrians, analyzes the problems of modern family law, implementation of theprovisions of international legal instruments into national legislation regulating family relations in the historical and legal values.Furthermore, the author examines issues related to the definition of pregnancy, its termination, and the legal status of pregnant women based on the analysis of the relevant parts of the Avesta.On the basis of the study of the provisions of this holy book, the author compares the provisions of the modern criminal legislation of Uzbekistan with the provisions of this historical book on marriages, the definition of kinship, the legalstatus of children and adolescents


2018 ◽  
Vol 50 ◽  
pp. 01238
Author(s):  
Khurshed Nasirov

The author studies the place of the family in the structure of family relations. The correlation between civil law and family law in Soviet, Russian and Tajik legal science is considered. According to the author, the family is a social unit of society with the help of which people seek to solve demographic, economic and cultural issues. It is stated that the family is an alliance of persons created on the marriage, kinship, birth and adoption of children, as well as their upbringing. Accordingly, such alliance leads to the development of certain personal non-property and property rights and obligations based not only on mutual interests and concerns, but primarily on the related ties. In this regard, it seems logical that the specific nature of these rights and obligations requires the use of special tools for legal regulation; the content of legal relations arising on their basis is considered to be independent family relations.


Author(s):  
Aldona Kipāne

The dynamic variability of the modern world determines not only the need to adapt but also the ability to preserve and maintain the values of separate culture. Over the centuries, family is considered to be one of the core values. Family interaction with the society is undeniable. The family is the foundation of any society and the future of the state. Today's new socio-economic situation has an impact on the emotional atmosphere, quality and relationships within the family. Criminological research in family relationships is a complex problem, its environment and circumstances are an important factor in the individual's socialization. The role of the family is equally important both in the process of proper behavioural shaping and in the production of directed behaviour. The article provides an insight into the content of the studies of family criminology.The aim of the article is to describe the criminological framework of family relations based on special literature, research and practice showing the framework of family criminology. Theoretical guidelines, special literature, views and opinions of Latvian and foreign specialists have been analysed in order to assess the criminological aspects of the phenomenon.The author concludes that the knowledge of family criminology is useful, effective, concrete and practically feasible for the criminological studies of the family institute. This approach has a multi-sectoral nature. 


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