scholarly journals (R)évolution en matière de libéralités : L’exemple de la liberté testamentaire au Québec

2021 ◽  
Vol 65 (4) ◽  
pp. 609-652
Author(s):  
Christine Morin ◽  
Keyword(s):  
Social Context ◽  
Family Law ◽  
Common Law ◽  
Civil Code ◽  
Public Order ◽  
Material Sources ◽  
The Social ◽  
The Family ◽  
Need For Support ◽  
Legislative Measures

"In Canada, Quebec is the only province to have a legal system under which civil matters are regulated by a Civil Code and not by common law. Nonetheless, Quebeckers had unlimited “freedom of willing” until 1989. Henceforth, although Quebeckers remain free to determine via their last wills and testaments to whom they wish to bequeath their property, their margin of freedom is limited by legislative measures governing the survival of the obligation to provide support after death and the partitioning of the family patrimony. Such limitations on the freedom to bequeath are based upon a family interpretation of public order whereby the deceased must share the value of given property with his or her spouse and look after the immediate family’s need for support. Despite this, the Civil Code makes still no provision, as in French law, for an “undisposable estate” (réserves héréditaires) and it is fitting to question the reasons motivating this decision. The author attempts to identify the social context in which freedom to bequeath came to be limited. As such, she seeks to make known the material sources underpinning the adoption of the Bill that introduced the primary limitations on freedom to bequeath. Her study shows that within the framework of discussions on relevancy to limit this freedom, the issue being debated shifted its objective. Participants widened the initial debate then focused on the transmission of the patrimony by redefining it to encompass the questions of sharing family assets. This transformation contributes to explain how the law of successions in Quebec has drawn closer to family law."

Caregivers' perspectives on the pre-diagnostic period in early onset dementia: a long and winding road

2011 ◽  
Vol 23 (9) ◽  
pp. 1393-1404 ◽  
Author(s):  
Deliane van Vliet ◽  
Marjolein E. de Vugt ◽  
Christian Bakker ◽  
Raymond T. C. M. Koopmans ◽  
Yolande A. L. Pijnenburg ◽  
...  
Keyword(s):  
Social Context ◽  
Health Care Professionals ◽  
Early Onset ◽  
Late Onset ◽  
Structured Interviews ◽  
Early Onset Dementia ◽  
The Social ◽  
The Family ◽  
Constant Comparative Analysis ◽  
Financial Issues

ABSTRACTBackground: Recognizing and diagnosing early onset dementia (EOD) can be complex and often takes longer than for late onset dementia. The objectives of this study are to investigate the barriers to diagnosis and to develop a typology of the diagnosis pathway for EOD caregivers.Methods: Semi-structured interviews with 92 EOD caregivers were analyzed using constant comparative analysis and grounded theory. A conceptual model was formed based on 21 interviews and tested in 29 additional transcripts. The identified categories were quantified in the whole sample.Results: Seven themes emerged: (1) changes in the family member, (2) disrupted family life, (3) misattribution, (4) denial and refusal to seek advice, (5) lack of confirmation from social context, (6) non-responsiveness of a general practitioner (GP), and (7) misdiagnosis. Cognitive and behavioral changes in the person with EOD were common and difficult to understand for caregivers. Marital difficulties, problems with children and work/financial issues were important topics. Confirmation of family members and being aware of problems at work were important for caregivers to notice deficits and/or seek help. Other main issues were a patient's refusal to seek help resulting from denial and inadequate help resulting from misdiagnosis.Conclusion: EOD caregivers experience a long and difficult period before diagnosis. We hypothesize that denial, refusal to seek help, misattribution of symptoms, lack of confirmation from the social context, professionals’ inadequate help and faulty diagnoses prolong the time before diagnosis. These findings underline the need for faster and more adequate help from health-care professionals and provide issues to focus on when supporting caregivers of people with EOD.

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 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.

Same-Sex Relationships

2011 ◽  
Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman
Keyword(s):  
Family Law ◽  
Same Sex ◽  
Marriage And Family ◽  
Same Sex Marriage ◽  
The Social ◽  
The Family ◽  
Traditional Marriage ◽  
The Right ◽  
Constitutional Analysis

This chapter describes what might be the last battleground over “traditional” marriage—same-sex marriage, and the social and legal revolution that brought us from an era in which it was never contemplated to one in which, depending on the state, it is either expressly authorized or expressly prohibited. Same-sex marriage has posed—and continues to pose—a challenge to traditional definitions of marriage and family. But, more importantly, the issue implies broader changes in family law—the increasing role of constitutional analysis; limits on the right of government to regulate the family; and the clash between the traditional family form and a new and wider menu of intimate and household arrangements, and all this against the background of the rise of a stronger form of individualism.

The Impact of the Social Context on Aesthetic Experience

2020 ◽  
Author(s):  
Stefano Mastandrea
Keyword(s):  
Social Context ◽  
Aesthetic Experience ◽  
The Arts ◽  
Production And Consumption ◽  
The Social ◽  
Affective Processes ◽  
The Family ◽  
Socio Demographic Factors ◽  
The Aesthetic ◽  
The Impact

Not only cognitive and affective processes determine an aesthetic experience; another important issue to consider has to do with the social context while experiencing the arts. Several studies have shown that the aesthetic impact of a work of art depends on, to an important extent, the different socio-demographic factors including age, class, social status, health, wealth, and so on. The concepts of cultural and social capital by Pierre Bourdieu and the production and consumption of artworks by Howard Becker are discussed. Another important aspect of the impact of the social context on aesthetic experience deals with early art experience in childhood within the family—considered as the first social group to which a person belongs.

Survival Wolio Language in Adulthood in Baubau City: Sociolinguistic Study

2017 ◽  
Vol 3 (6) ◽  
pp. 1
Author(s):  
La Ino ◽  
Sri Suryana Dinar ◽  
Yunus ◽  
Harmin
Keyword(s):  
Social Context ◽  
Individual Behavior ◽  
The Social ◽  
The Family

The article is the result of a study that discusses the survival of Wolio language in adolescence in Baubau City. The focus of this study is adults aged between 17-20 years. As for the domain of the question is the family, association, education, government, transactions, neighbors, religion, culture, art. In this research, the approach used is the sociolinguistic approach. In this case, the approach (approach) of sociology, namely the study of language in the social context, which is studied is the behavior of groups rather than individual behavior. In analyzing the data is done by calculating the percentage following the calculation pattern, that is the calculation based on the number of incoming answers) The results are found Wolio language Based on the analysis shows that in the adult category the tendency of the use of Wolio language has been in the category even though on the defense side still last.

scholarly journals Restating the common law? The Social Action, Responsibility and Heroism Act 2015

Legal Studies ◽  
2017 ◽  
Vol 37 (4) ◽  
pp. 577-598 ◽  
Author(s):  
James Goudkamp
Keyword(s):  
Social Context ◽  
Social Action ◽  
Common Law ◽  
Personal Injury ◽  
Large Network ◽  
Reasonable Care ◽  
The Social ◽  
The Common ◽  
The Law

The Social Action, Responsibility and Heroism Act 2015 entered into force on 13 April 2015. It is too soon for it to have been considered judicially, and it has not yet been subjected to sustained academic analysis. Accordingly, this article considers its impact. In doing so, it situates the Act in its social context and draws attention to the fact that it is part of a large network of statutes that share the same objectives. It is argued, contrary to prevailing views, that parts of the Act change the law. It is also maintained that the Act’s reach is not confined to personal injury cases or even to tort cases. It potentially applies far more widely, including to contractual actions that allege a failure to take reasonable care. In addition to analysing the Act, this article investigates why the legislature might want to restate the common law (which is what the Act does in part), whether replicating the common law is desirable and, if the legislature is bent on restating the common law, how it should go about doing so.

The Adoption Papyrus in Social Context

1992 ◽  
Vol 78 (1) ◽  
pp. 207-221 ◽  
Author(s):  
C. J. Eyre
Keyword(s):  
Social Context ◽  
Property Rights ◽  
Social Behaviour ◽  
Near East ◽  
Childless Woman ◽  
Family Solidarity ◽  
The Social ◽  
The Family ◽  
Village Life

The social context of the Adoption Papyrus is discussed. It is argued that the motivation behind the text was to ensure the material security and social position of a childless woman, first through a ‘non-divorce’ settlement, and then through control of succession to the role of head of the family. This is related to issues of family solidarity, marriage strategies, and the administration of property rights. These are discussed in the context of norms of social behaviour in the Near East, and in particular through comparison with Aramaic documents from Elephantine and with more modern village life in Egypt.

Lustful Women, Elusive Lovers

2001 ◽  
Vol 8 (1) ◽  
pp. 23-50 ◽  
Author(s):  
Prem Chowdhry
Keyword(s):  
Social Context ◽  
Oral Tradition ◽  
Power Relations ◽  
North India ◽  
Ideal Image ◽  
Moral Perspective ◽  
The Social ◽  
The Family ◽  
Construction Of Meaning ◽  
And Gender

One of the more popular self-projections of women in the oral tradition of rural north India is the image of a lustful woman, which directly contradicts the dominant and ideal image of the chaste woman and offers an alternative moral perspective on kinship, gender, sexuality and norms of behaviour. This article explores the construction of the lustful woman based exclu sively upon women's songs produced collectively by women and sung by women for an audi ence consisting purely of women. It seeks to understand how and why this image, common to both men and women's songs, has different connotations and messages. The construction of meaning around this image is explored in the social context of power relations and status con siderations existing within the family, caste and class. As such, the article seeks to understand how far the subversiveness of these songs finds its echo in the actual transgressive behaviour of women in caste/class and gender relationships, and with what effect. It highlights the construc tion of masculinity, pleasure and deprivation, which cuts across several societal hierarchies. The inevitable conflict within a worldview where different and contradictory beliefs and desires coexist brings to the fore the interface between ideology and practice.

Charitable according to whom ? The clash between Quebec’s societal values and the law governing the registration of charities

2009 ◽  
Vol 49 (2) ◽  
pp. 277-295
Author(s):  
Kathryn Chan
Keyword(s):  
Social Context ◽  
Common Law ◽  
Real Life ◽  
Voluntary Sector ◽  
French Language ◽  
Societal Values ◽  
The Social ◽  
Cultural Minorities ◽  
The Common ◽  
The Law

In the course of considering the public’s views on the accommodation of cultural minorities in Quebec, the Bouchard-Taylor Commission has produced a valuable record of the views held by Quebec’s voluntary sector organizations, and the societal values that are important to Quebec. In particular, it has underlined Quebec’s strong commitment to three broad public objects — the advancement of the French language and Quebec culture, the encouragement of interculturalism, and the promotion of secularism — that are not recognized as charitable objects under the common law. The Bouchard-Taylor Commission has therefore provided a timely and relevant backdrop against which to consider the real-life implications of using the common law of charitable trusts to give meaning to the statutory concept of charity (bienfaisance) in Quebec. Based on her observations of the Commission experience, the author suggests that the disjuncture between the law demarcating Quebec’s charitable sector and the social context within which the sector operates has become significant enough to merit a reconsideration of this longstanding approach.

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