scholarly journals The Non-Property Personal Rights and Obligations of Parents Towards Children

2016 ◽  
Vol 1 (3) ◽  
pp. 61
Author(s):  
Anilda Shestani
Keyword(s):  
The Other ◽  
Modern Concept ◽  
Parental Rights ◽  
Best Interest ◽  
Legal Representation ◽  
Parental Relationship ◽  
Property Relations ◽  
Parents And Children ◽  
Personal Rights ◽  
The Status

Parental responsibility is already defined in the Family Code as “the totality of the rights and obligations that aimed to ensure emotional, social and material welfare of the child, taking care, maintaining personal relations with him, and assuring him welfare, education, legal representation and administration of his property”. In this paper will be analyzed the parental rights and obligations that exercised about the personality of the child that arise as a result of personal non-property relations. This set of rights and duties is different from the other groups of rights and obligations of parent exactly for the lack of their economic content. Parental rights and obligations are the same regardless of the source of birth of parental relationship, biological or declaration of the will on one side, or regardless of the status of children born from the marriage or outside it, on the other side. The concept of the relationship between parents and children has changed a lot from the past in the time that we live today. In the modern concept, parental authority in exercising the rights and obligations to children is conceived in the interest of minors implying therefore the idea of protection that parents are obligated towards their children. This paper will also show how the non-property personal rights and obligations of parents towards the children are applicable in the practice; what are the main problems that appeared during this process and best recommendations for an efficient exercise of these rights and obligations based on the best interest of the child.

scholarly journals Maternity Contract based on the birth for someone else / Materinstvo na osnovu ugovora o rađanju za drugog

2015 ◽  
Vol 5 (5) ◽  
pp. 54
Author(s):  
Илија Бабић
Keyword(s):  
Married Couple ◽  
Civil Code ◽  
Parental Rights ◽  
Surrogate Mother ◽  
Parental Relationship ◽  
Legal Standards ◽  
The Status ◽  
The Moment ◽  
Preliminary Draft

The Draft of the Serbian Civil Code provides for a new contract for the birth for another person, on the basis of which the parental relationship is established. This contract obligates the surrogate mother to carry and give birth to a child and deliver it to the married couple or companions (the intended parents), after impregnation by seeding cells of one or both of the intended parents. The intended parents are required to take the child and establish the parental relationship with the child.The contract can be signed by a woman who lives with a surrogate mother (particularly justified by the reasons and determined on by the court in a contentious procedure - Article 63 of the preliminary draft), when it is necessary to use the seeding cells of the intended mother.The contract on the birth for another person is not in the interest of the child. In the countries where it has been adopted, it represents a means of exploitation of the poorest women and it is unnatural. In the Draft, the contract is regulated mainly according to the general legal standards, whereas the autonomy of the parties involved regulates the rights and obligations (such as the waiver of surrogate mother to the status of mother, the moment of acquisition of parental rights of the intended parents, the handover of the child, reimbursement of reasonable costs, etc).

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.

Urgensi Ilmu Kedokteran Islam dengan Hukum Islam (Studi Identifikasi Deoxrybo Nucleic Acid (DNA) terhadap Sepersusuan)

2018 ◽  
Vol 12 (1) ◽  
pp. 133-146
Author(s):  
Li’izza Diana Manzil
Keyword(s):  
Nucleic Acid ◽  
Breast Milk ◽  
Legal Status ◽  
Islamic Law ◽  
Medical Science ◽  
Dna Identification ◽  
Islamic Medicine ◽  
Parents And Children ◽  
The Status ◽  
Brothers And Sisters

One sign of the rapidly growing world of medical science is its success in making one discovery about Deoxrybo Nucleid Acid (DNA). Islam does not prohibit the practice of DNA identification because it can be used in determining the legal status of relative relationships and related marital prohibitions among families because of the similarity of DNA genes between parents and their children. In Islam marriage prohibition can also occur between brothers and sisters. DNA identification can be done between siblings as a result of the presence of gene elements in breast milk. In addition, breast milk can also develop bone and grow meat if breastfeeding at least five times suction. But the results of DNA tests conducted between siblings cannot be more accurate if done to find relationships of parents and children. From this it clearly proves that Islamic medicine has an urgent value to Islamic law. This can be seen from one of its axiology in determining the status of brotherhood.

Status of Family Fissidentaceae in Gujarat

2016 ◽  
Vol 1 (1) ◽  
Author(s):  
D.G. Shah ◽  
D.N. Mehta ◽  
R.V. Gujar
Keyword(s):  
Distinct Species ◽  
The State ◽  
The Other ◽  
Land Plants ◽  
Reproductive Structures ◽  
The Family ◽  
The Status ◽  
Vegetative Characters ◽  
First Time ◽  
Different Parts

Bryophytes are the second largest group of land plants and are also known as the amphibians of the plant kingdom. 67 species of bryophytes have been reported from select locations across the state of Gujrat. The status of family fissidentaceae which is a large moss family is being presented in this paper. Globally the family consists of 10 genera but only one genus, Fissidens Hedw. has been collected from Gujarat. Fissidens is characterized by a unique leaf structure and shows the presence of three distinct lamina, the dorsal, the ventral and the vaginant lamina. A total of 8 species of Fissidens have been reported from the state based on vegetative characters as no sporophyte stages were collected earlier. Species reported from the neighboring states also showed the absence of sporophytes. The identification of different species was difficult due to substantial overlap in vegetative characters. Hence a detailed study on the diversity of members of Fissidentaceae in Gujarat was carried out between November 2013 and February 2015. In present study 8 distinct species of Fissidens have been collected from different parts of the state. Three species Fissidens splachnobryoides Broth., Fissidens zollingerii Mont. and Fissidens curvato-involutus Dixon. have been identified while the other five are still to be identified. Fissidens zollingerii Mont. and Fissidens xiphoides M. Fleisch., which have been reported as distinct species are actually synonyms according to TROPICOS database. The presence of sexual reproductive structures and sporophytes for several Fissidens species are also being reported for the first time from the state.

State, Islam, and Gender Politics

2017 ◽  
Keyword(s):  
Women's Rights ◽  
Socioeconomic Development ◽  
Women’S Rights ◽  
Dress Code ◽  
Main Site ◽  
Muslim Countries ◽  
Personal Rights ◽  
The Status ◽  
And Gender ◽  
Economy And Education

The existing literature on women’s rights and Islam falls short of addressing the relationship between the religious debate on women’s rights and the existing rules of law in Muslim-majority countries. This chapter will bridge this gap by analyzing the status of women in the legal systems of Egypt, Turkey, and Morocco. It will evaluate the influence of Islam on the shaping of these laws, compared to other factors like culture, socioeconomic development, and education. Except in marginal cases like Saudi Arabia or Afghanistan under the Taliban, women’s rights in politics, the economy, and education have advanced in all Muslim countries. But there are some limitations placed upon women’s rights using religious arguments. Everywhere, personal rights about family life, sexuality, and dress code remain discriminatory against women. In this regard, the woman’s body has become the main site of the politicization of Islam, by state and non-state actors alike.

Practical Necessity and Moral Heroism

2017 ◽  
Author(s):  
Kyle Fruh
Keyword(s):  
The Other ◽  
Moral Exemplars ◽  
Other Hand ◽  
Practical Necessity ◽  
The Status ◽  
Illuminating Light

Discussions of closely associated notions of practical necessity, volitional necessity, and moral incapacity have profited from a focus on cases of agential crisis to further our understanding of how features of an agent’s character might bind her. This paper turns to agents in crises in order to connect this way of being bound to the phenomenon of moral heroism. The connection is fruitful in both directions. Importing practical necessity into examinations of moral heroism can explain the special sense of bindingness moral heroes frequently express while preserving the status of heroic acts as supererogatory. It also helps explain how heroes persevere and act as so few others do. On the other hand, the context of moral heroism allows a fuller development of some features of the concept of practical necessity, shedding more illuminating light on the roots of practical necessity in character through recent findings in the psychology of moral exemplars.

On Presumption

2017 ◽  
Author(s):  
Edna Ullmann-Margalit
Keyword(s):  
Status Quo ◽  
The Other ◽  
Specific Change ◽  
Ordinary Life ◽  
The Status ◽  
Difficult Situations

Some of the most difficult decisions in law and ordinary life are simplified by the use of some kind of presumption. Accused criminals are presumed to be innocent, and most of the time, legislative acts are presumed to be constitutional. And when people do not know what to do, they often adopt a presumption of some kind—for example, sticking with the status quo, or perhaps in favor of making a specific change. In countless domains, presumptions help people to extricate themselves from difficult situations. They can serve as a way of breaking an initial symmetrical situation by using a supposition not fully justified, yet not quite rash either—favoring one action over the other.

The Futurists. Experts in World Futures

2018 ◽  
Author(s):  
Jenny Andersson
Keyword(s):  
Cold War ◽  
Status Quo ◽  
The Other ◽  
Futures Studies ◽  
The Future ◽  
The Status ◽  
The One ◽  
The Cold War ◽  
Images Of The Future ◽  
The Way

Alvin Toffler’s writings encapsulated many of the tensions of futurism: the way that futurology and futures studies oscillated between forms of utopianism and technocracy with global ambitions, and between new forms of activism, on the one hand, and emerging forms of consultancy and paid advice on the other. Paradoxically, in their desire to create new images of the future capable of providing exits from the status quo of the Cold War world, futurists reinvented the technologies of prediction that they had initially rejected, and put them at the basis of a new activity of futures advice. Consultancy was central to the field of futures studies from its inception. For futurists, consultancy was a form of militancy—a potentially world altering expertise that could bypass politics and also escaped the boring halls of academia.

scholarly journals Provisional and Protective Remedies: The British Experience of the Brussels Convention

1999 ◽  
Vol 48 (2) ◽  
pp. 302-339 ◽  
Author(s):  
Gerry Maher ◽  
Barry J. Rodger
Keyword(s):  
Status Quo ◽  
The Other ◽  
Brussels Convention ◽  
Legal Systems ◽  
Degree Of Protection ◽  
The Status ◽  
British Experience

It is a well-known facet of litigation that the first step is often more important than any to follow. Virtually all legal systems bestow on litigants a variety of interim and provisional remedies. These remedies have a number of different functions and rationales but two in particular are thought to be fundamental.1 First, protective remedies provide a litigant with a degree of protection by ensuring that the status quo is preserved while the litigation is proceeding; second, these remedies secure the position of a litigant not only during the course of an action but also once it is over and he has judgment in his favour. This second function is usually achieved, in one way or another, by tying up and freezing the property of the other party to the action.2 However, protective remedies also serve other functions. Some remedies exist to promote the interest of a party in the advancement of his case (e.g. orders for disclosure of evidence), whereas others provide a litigant with part of the overall final remedy or judgment that he is seeking to gain from the action (e.g. interim payment or interim damages).

The Christian Church in the Last Seventy Years

1943 ◽  
Vol 12 (1) ◽  
pp. 28-34
Author(s):  
Kenneth Scott Latourette
Keyword(s):  
Large Volume ◽  
The Other ◽  
Recent History ◽  
Christian Church ◽  
The Past ◽  
Other Hand ◽  
The Status ◽  
The One ◽  
The Church

A strange contrast exists in the status of the Christian Church in the past seventy years. On the one hand the Church has clearly lost some of the ground which once appeared to be safely within its possession. On the other hand it has become more widely spread geographically and, when all mankind is taken into consideration, more influential in shaping human affairs than ever before in its history. In a paper as brief as this must of necessity be, space can be had only for the sketching of the broad outlines of this paradox and for suggesting a reason for it. If details were to be given, a large volume would be required. Perhaps, however, we can hope to do enough to point out one of the most provocative and important set of movements in recent history.

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