Chinese Family Law and Social Change in Historical and Comparative Perspective.

Through the narrow entry of property disputes between former cohabitants, this chapter aims to clarify thinking on issues crucial to philosophical examination of family law. It refracts big questions—such as what cohabitants should owe one another and the balance between choice and protection—through a legal lens of attention to institutional matters such as the roles of judges and legislatures. Canadian cases on unjust enrichment and English cases quantifying beneficial interests in a jointly owned home are examples. The chapter highlights limits on judicial law reform in the face of social change, both in substance and in the capacity to acknowledge the state's interest in intimate relationships. The chapter relativizes the focus on choice prominent in academic and policy discussions of cohabitation and highlights the character of family law, entwined with the general private law of property and obligations, as a regulatory system.

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Family Law and Social Change: Judicial Views of Joint Custody, 1998–2011

Law & Social Inquiry ◽

10.1111/lsi.12103 ◽

2015 ◽

Vol 40 (03) ◽

pp. 723-745 ◽

Cited By ~ 1

Author(s):

Julie E. Artis ◽

Andrew V. Krebs

Keyword(s):

Social Change ◽

Family Life ◽

Political Party ◽

Family Law ◽

Party Affiliation ◽

Joint Custody ◽

Lower Court ◽

Rapid Changes ◽

Political Party Affiliation ◽

Depth Interviews

Rapid changes in family life over the last forty years have led to substantial alterations in family law policy; specifically, most states now endorse joint custody arrangements for divorcing families. However, we know little about how lower court judges have embraced or resisted this change. We conducted in‐depth interviews with judges in twenty‐five Indiana jurisdictions in 1998 and 2011. Our findings suggest that judges' views of joint custody dramatically changed. Judges in Wave II indicated a strong preference for joint custody—a theme that was relatively absent in Wave I. The observed change in judicial preferences did not seem to be related to judicial replacement, gender, age, or political party affiliation. Although our conclusions are exploratory, we speculate that shifts in judicial views may be related to changing public mores of parenthood and, relatedly, Indiana's adoption of Parenting Time Guidelines in 2001.

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Religious family law and legal change in comparative perspective

Jindal Global Law Review ◽

10.1007/s41020-016-0026-7 ◽

2016 ◽

Vol 7 (1) ◽

pp. 1-8

Author(s):

Saptarshi Mandal ◽

Sachin Dhawan

Keyword(s):

Family Law ◽

Comparative Perspective ◽

Legal Change

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Marriage in Serbian law and in comparative perspective

Zbornik radova Pravnog fakulteta Novi Sad ◽

10.5937/zrpfns54-24802 ◽

2020 ◽

Vol 54 (2) ◽

pp. 545-560

Author(s):

Gordana Kovaček-Stanić ◽

Sandra Samardžić

Keyword(s):

Historical Development ◽

Statistical Data ◽

Family Law ◽

Comparative Law ◽

Comparative Perspective ◽

Opposite Sex ◽

Marriage Formation ◽

Formal Requirements ◽

Domestic Law ◽

Opposite Gender

According to the Serbian Family Act marriage is cohabitation between two persons of the opposite sex governed by the law. The same act, prescribes substantial and formal requirements for valid marriage. This paper aims to present a review of these requirements in domestic and comparative law as well. It analyzes each condition separately, giving an overview of their historical development and the way they are regulated today in different legal systems. According to domestic law, substantial requirements are the following: opposite gender, expression of will to get married, cohabitation and lack of marriage impediments. However, there is a tendency in the contemporary family law to reduce marriage impediments, which leads to the liberalization and facilitation of marriage formation. Since marriage is very often concluded in religious form, article also gives an overview of the ecclesiastical rules concerning marriage. Finally, it analyzes and compares statistical data concerning number of concluded marriages and divorces in Serbia thirty years ago and in present time.

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UNREGISTERED MARRIAGE BETWEEN INDONESIAN CITIZENS AND FOREIGN CITIZENS WITH THE LEGAL PERSPECTIVE OF MARRIAGE IN INDONESIA

Jurnal Ilmiah Mizani Wacana Hukum Ekonomi Dan Keagamaan ◽

10.29300/mzn.v7i2.3396 ◽

2020 ◽

Vol 7 (2) ◽

pp. 149

Author(s):

Muhammad Ngizzul Muttaqin

Keyword(s):

Social Change ◽

Family Law ◽

Modern Society ◽

Foreign Nationals ◽

Literature Research ◽

Mixed Marriages ◽

Legal Problems ◽

Legal Perspective ◽

Qualitative Descriptive ◽

Legal Consequences

The practice of unregistered marriage between Indonesian citizens and foreign nationals always raises legal problems, both the law of marriage and the legal consequences of the marriage. This article aims to provide concrete legal solutions and steps to the practice of unregistered marriage between Indonesian citizens and foreign nationals. This study used literature research with qualitative descriptive methods, through a normative legal approach. The results show that unregistered marriage is a social symptom of modern society which always occurs in the practice of today’s society. Although unregistered marriage is not specifically regulated in the practice of mixed marriages, it often occurs and must be anticipated. The solution is that there are three legal options that can be taken: first, if the person concerned is domiciled in Indonesia and intends to become an Indonesian citizen, then s/he can register the marriage with the employee who registers the marriage and performs the marriage certificate according to the provisions. Second, if the person concerned is living abroad but wants to become an Indonesian citizen, then s/he can take legal steps by registering the marriage and marriage certificate at the Indonesian Embassy. Third, if the person concerned is domiciled and wants to become a resident of a foreign country, then the person concerned must take the legal route that has been determined in that country. Thus, family law in Indonesia can be adaptive and responsive to the dynamics of social change.

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