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 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 Specifics of Legal Regulation of Property Relations of Minor Family Members

2021 ◽  
Vol 2021 (2) ◽  
pp. 165-173
Author(s):  
Svetlana Voronina
Keyword(s):  
Property Rights ◽  
Family Law ◽  
Family Relations ◽  
Legal Regulation ◽  
Scientific Publications ◽  
Property Relations ◽  
Parents And Children ◽  
The Family ◽  
Organizational Relations ◽  
Private And Public

he present research considered the property rights of minors by comparing civil and family legislation. The article covers various matters of separate ownership of parents and children, property management, and the behavior of parents, as well as sectoral and inter-sectoral legal relations as a whole based on family relations. The research was based on normative legal acts, scientific publications, and precedents. Family law regulates the property relations between parents and children regarding the maintenance and personal belongings. Any other property rights of minors fixed by the Family Code go beyond the limits of family law and are part of civil law. The basis of civil property relations of minors is the family relations. Therefore, they have to take into account social and legal relations between parents and children. A prerequisite for the emergence and implementation of property relations is the organizational relations that arise between the subjects of private and public law. Authorization by the guardianship authority ensures the protection of the property rights and interests of children. The regulation of property relations involving minors and their legal representatives is subject to inter-sectoral and inter-subject interaction, which must be taken into account when implementing the rights of minors and protecting them.

Family law

2022 ◽  
Author(s):  
Natal'ya Ablyatipova ◽  
Farida Aminova ◽  
Gulshan Bodurova ◽  
Elena Voytovich ◽  
Svetlana Dorzhieva ◽  
...  
Keyword(s):  
Higher Education ◽  
International Law ◽  
Family Law ◽  
Family Relations ◽  
Federal State ◽  
Law Schools ◽  
Educational Standard ◽  
Parents And Children ◽  
The Family ◽  
State Educational

The textbook outlines the main issues of the family law course: the concept and subject of family law, the grounds for applying civil legislation and international law to family relations, the exercise and protection of family rights, marital legal relations, the rights and obligations of parents and children, the placement of children left without parental care, the application of family law to relations involving foreign persons and stateless persons, etc. Prepared in accordance with the Federal State Educational Standard of higher Education of the latest generation and the main professional educational program of higher education in the field of training "Jurisprudence". For students of law schools and faculties, graduate students, teachers, researchers and practitioners, bachelors, specialists in the field of family law, as well as all interested readers.

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 Family and Its Place in the Structure of Civil Relationships

2018 ◽  
Vol 50 ◽  
pp. 01238
Author(s):  
Khurshed Nasirov
Keyword(s):  
Property Rights ◽  
Family Law ◽  
Family Relations ◽  
Civil Law ◽  
Legal Regulation ◽  
Cultural Issues ◽  
Specific Nature ◽  
Social Unit ◽  
Independent Family ◽  
The Family

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.

Why Two Jurisdictions? Some Aspects of the Historical Context of the Decision to Maintain Separate Courts for Married and Unmarried Parents in Relation to Parental Rights in Victoria

1985 ◽  
Vol 9 (4) ◽  
pp. 7-10
Author(s):  
Stephanie Charlesworth
Keyword(s):  
Historical Context ◽  
Federal Courts ◽  
Historical Background ◽  
Family Court ◽  
Parental Rights ◽  
Parents And Children ◽  
The Family ◽  
The Status ◽  
State's Rights ◽  
Professional People

Many professional people working with families are frustrated by the fact that there is still a marked differentiation made between children of married parents and children of non-married parents in the courts. This division has persisted in spite of legislation to remove the status of illegitimacy and the reasons for this are far from obvious to those who are not lawyers. This paper traces the historical background of this split in jurisdiction between State and Federal Courts (i.e., the Family Court) and concludes that it is based on an anachronistic view of State’s rights which no social group or political party would support today.

The Problem of Actual Parenting: A Methodological View

Lex Russica ◽  
2020 ◽  
Vol 73 (6) ◽  
pp. 18-32
Author(s):  
E. G. Komissarova
Keyword(s):  
Family Law ◽  
Family Education ◽  
Future Research ◽  
Social Phenomena ◽  
Instrumental Approach ◽  
Legal Perspective ◽  
The Family ◽  
The Moment ◽  
A Minor ◽  
Actual Relationship

Fixing the situation of doctrinal backlog in the development of the problem of actual parenting of a minor, the author explores the problem from the perspective of the instrumental approach. At the phenomenological level, the essential signs of actual upbringing are subject to the theoretical analysis These signs include: implicity as a social phenomenon, casuability, heterogeneity of social reasons for emergence, apparent voluntariness, gratuitousness, opacity of the circle of actual educators, preservation of continuous communication with the child’s family, lack of legal connection with the moment of emergence and termination of this type of actual relationship. At the interdisciplinary level, the extra-legal grammar of actual parenting is investigated with the inclusion of other social phenomena, structures and institutions closely related to it, providing reasonable scientific perception of this theoretical construct in jurisprudence. Using the political-legal approach complementing the traditional dogmatic approach to the study of the problem of actual parenting, the author aims to expand doctrinal boundaries of the solution of the problem of actual parenting in its legal perspective, creating prerequisites for future research of the topic in the context of its methodological preparedness. The author’s findings are based on the fact that the legal problem of actual parenting lies in the bosom of the problems of family education rather than between family education and forms of institutional protection of children, as is often seen in the family law doctrine. The normative nature of relations in the field of the family upbringing of a child, ensured through numerous acts of international law on child saving, national constitutional norms, principles of family law, general provisions of individual institutions and structures, does not make it clear that today’s legislative attitude to actual parenting is in no way consistent with the family law dogmatics.

scholarly journals FAMILY LIFE IN CENTRAL ASIA: PROBLEMS OF FATHERS AND CHILDREN

2021 ◽  
Vol 6 (2(22)) ◽  
pp. 20-29
Author(s):  
Abdirashid Mamasidikovich Mirzakhmedov ◽  
Khurshid Abdirashidovich Mirzakhmedov ◽  
Nasiba Alizhanovna Abdukholikova
Keyword(s):  
Information Technology ◽  
Family Life ◽  
Social Life ◽  
Family Relations ◽  
Intergenerational Relationships ◽  
Parents And Children ◽  
The Social ◽  
The Family ◽  
Modern Family ◽  
The Impact

The article presents the results of an anthropological analysis of the social life of a modern family. It is immersed in deep socio-economic and demographic problems, which are complicated by the impact of globalization and information technology. Analyzing the transformational processes of family relations, the author comes to the conclusion that in the modern family there is “alienation” of generations, the gap between parents and children, which affects the traditional ethno-confessional foundations of the family. We are talking about the foundations of the national mentality of the peoples of the region about intergenerational relationships between children and their parents, the transformation from a macro-family to a nuclear one.

A Contested Inheritance: The Family and the Law from the Enlightenment to the French Revolution

2018 ◽  
Vol 37 (1) ◽  
pp. 61-87
Author(s):  
Hannah Callaway
Keyword(s):  
Eighteenth Century ◽  
French Revolution ◽  
Social Relations ◽  
Family Law ◽  
Family Relations ◽  
Old Regime ◽  
The Enlightenment ◽  
The Family ◽  
A Site ◽  
The Relationship

This article examines a particularly interesting inheritance case from late-eighteenth-century France to study the intersection of legal practices and Enlightenment ideas at the end of the Old Regime. The case, involving dispute around the estate of a deceased tax farmer, addresses family relations broadly within the specific context of inheritance and spousal assets. The five briefs produced on appeal to the Parlement of Paris show particular engagement with Enlightenment themes of reason, nature, and sentiment. The family was a locus of particular interest in eighteenth-century France because of its implications for social relations and its connection, through inheritance, to royal sovereignty. However, family law has been primarily studied from the perspective of practices, whereas the present article focuses on ideals. The article argues that the courtroom was an important site where the diverse implications of Enlightenment thought on family law were worked out. The argument that family law was a site for integrating ideals into practices has implications for how we think about the relationship between law and social change, as well as, in particular, the relationship between Enlightenment and Revolution.

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