Alimony Obligations of Family Members in the Family Law of Ukraine: Problematic Issues of Theory and Practice

2020 ◽  
Vol 27 (3) ◽  
pp. 33-59
Author(s):  
V. I. Borisova ◽  
L. V. Krasytska
Keyword(s):  
Family Law ◽  
Family Members ◽  
Theory And Practice ◽  
The Family

Alimony Obligations of Family Members in the Family Law of Ukraine: Problematic Issues of Theory and Practice

2020 ◽  
Vol 27 (3) ◽  
pp. 28-47
Author(s):  
Valentina Borisova ◽  
Larysa Krasytska
Keyword(s):  
Law Enforcement ◽  
Financial Aid ◽  
Family Law ◽  
Family Members ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Minimum Amount ◽  
Pension Income ◽  
The Family ◽  
Structural Parts

The relevance of the study of alimony obligations of family members in the family law of Ukraine is conditioned by both the latest approaches of the legislator to the regulation of alimony relations, and the problems of law enforcement practice in this area. The purpose of the study is to determine the features of alimony obligations of family members in the family law of Ukraine, to identify problems of legal regulation and enforcement of these obligations and to develop recommendations for their elimination. Methodologically, the study of alimony obligations of family members is divided into separate structural parts, which cover the general features of these obligations in the family law of Ukraine and the features of their individual types. The methodological basis for the study of alimony obligations of family members in the family law of Ukraine is developed at the philosophical, general scientific and special scientific levels. The study proves that the alimony obligations of family members are in essence family law monetary obligations that arise on the grounds specified by law or contract, are long-term and personal. It is proposed that one of the spouses be considered in need of financial aid if their monthly income (salary, pension, income from the use of their property, other income) is less than the minimum wage established by law. It is proposed to apply similar provisions to identify parents in need of financial aid in alimony obligations for the maintenance of disabled parents by adult children. It is argued that the change of the minimum amount of alimony to be collected from the alimony payer per child is not a basis for applying Article 192 of the Civil Code of Ukraine, but is a basis for changing the minimum amount of alimony specified in the writ of execution and alimony recovery, and is taken into account when determining the amount of alimony or alimony arrears. Other changes to the Family Code of Ukraine have been proposed to improve the procedure for collecting alimony for family members. The analysis of theoretical provisions of alimony obligations of family members and practical problems of law enforcement in this area and the development of proposals to improve family law is important for further research of family law obligations, will contribute to the development of an effective mechanism for exercising and remedy of the rights of parties in family legal relations and the establishment of the unity of judicial practice

3. Protection from domestic violence and occupation of the family home

2018 ◽  
Author(s):  
Stephen Gilmore ◽  
Lisa Glennon
Keyword(s):  
Domestic Violence ◽  
Family Law ◽  
Civil Law ◽  
Family Members ◽  
Protective Orders ◽  
The Family ◽  
Family Home

This chapter considers the civil law remedies which are designed to protect a victim from domestic violence. The two primary protective orders under Part IV of the Family Law Act (FLA) 1996 are the non-molestation order and the occupation order which can be applied for and obtained in conjunction with each other, or separately. The chapter also discusses the fact that the occupation order can also be used to regulate occupation of the family home in non-violent situations when a dispute arises between family members about who is entitled to occupy the home, and on what basis.

3. Protection from domestic abuse and occupation of the family home

2020 ◽  
pp. 108-186
Author(s):  
Stephen Gilmore ◽  
Lisa Glennon
Keyword(s):  
Family Law ◽  
Domestic Abuse ◽  
Civil Law ◽  
Family Members ◽  
Protective Orders ◽  
The Family ◽  
Family Home

This chapter considers the civil law remedies which are designed to protect a victim from domestic abuse. The two primary protective orders under Part IV of the Family Law Act (FLA) 1996 are the non-molestation order and the occupation order which can be applied for and obtained in conjunction with each other, or separately. The chapter discusses the fact that the occupation order can also be used to regulate occupation of the family home in non-violent situations when a dispute arises between family members about who is entitled to occupy the home, and on what basis.

Conclusion

2019 ◽  
pp. 155-158
Author(s):  
Eve M. Brank
Keyword(s):  
Family Law ◽  
Family Members ◽  
The Family ◽  
The Future

Psychology is, and can be, influential in addressing some of the most difficult and debated family law topics of today and the family law of the future. In some areas, psychological researchers have been actively involved in making empirically sound policies that make the lives of family members better; while in other areas it seems the research has led to more confusion. Still other areas have been neglected entirely and seem ready for careful research examination. There is no unifying family law theory and no simple way to bring all the topics together in a cohesive unit—especially as the topics within family law continue to broaden and evolve.

The Effects of Family Firm CEO Traditionality on Successor Choice: The Moderating Role of Socioemotional Wealth

2020 ◽  
pp. 089448652096783
Author(s):  
Feifei Lu ◽  
Ho Kwong Kwan ◽  
Zhu Zhu
Keyword(s):  
Cultural Values ◽  
Chief Executive Officers ◽  
Family Members ◽  
Chief Executive ◽  
Two Dimensions ◽  
Theory And Practice ◽  
Socioemotional Wealth ◽  
Upper Echelons Theory ◽  
The Family

Drawing on upper echelons theory, this study examines how the traditionality of family chief executive officers (CEOs) influences the selection of their successors, and how this relationship is moderated by two dimensions of socioemotional wealth. Recognizing the central role of CEOs in determining successors, we show that a family CEO’s cultural values regarding traditionality have a significant positive effect on the probability that a family member is chosen as successor. We find that this relationship is strengthened by the family members’ identification with the firm and weakened by the family members’ sense of dynasty. Our contributions to theory and practice are discussed.

scholarly journals The Family Law Status of a Parent: Some Issues of the Theory and Practice

2021 ◽  
Vol 1 ◽  
pp. 3-6
Author(s):  
Olga V. Kuptsova ◽  
Keyword(s):  
Legal Status ◽  
Family Law ◽  
Theory And Practice ◽  
The Family ◽  
Living Together ◽  
The Status ◽  
Moral Damage ◽  
Legal Position ◽  
The Russian Federation ◽  
A Minor

The article considers the legal status of the parent as a special legal status determined by family law of the Russian Federation. Attention is drawn to the heterogeneity of the legal status of the parent and the possibility of distinguishing in it a number of independent, having their own characteristics, sub-statuses: the status of an adult and a minor parent, full and limited status of a parent, the status of a parent living together with a child, and a parent living separately from a child. The concept of parent is characterized, the need to determine it by indicating not only consanguinity, but the totality of legal facts or to establish the origin of the child. Parental rights and obligations are distinguished as elements of the family legal status of the parent, non-property and property rights, basic and derivative rights, non-property and property obligations of parents are analyzed. Given the existing approaches to determining the legal status and its structure, it is proposed to determine the family legal status of the parent. Measures are outlined to optimize the family-legal position of the parent in terms of ensuring the enforceability of the obligation to support the child and establishing the obligation to compensate for moral damage caused to the child and the other parent.

scholarly journals Dampak Pemutusan Hubungan Kerja di Masa Pandemi Covid-19 Terhadap Ketahanan Keluarga

2021 ◽  
Vol 4 (1) ◽  
pp. 61
Author(s):  
Nabila Luthvita Rahma ◽  
Anisa Yuniar ◽  
Fatimah Qurrotu A'yun ◽  
Indri Kurniati ◽  
Dania Saferina Ifada
Keyword(s):  
Family Member ◽  
Interpersonal Communication ◽  
Family Law ◽  
Family Members ◽  
Divorce Rate ◽  
Family Resilience ◽  
The Family ◽  
Islamic Family Law ◽  
The Impact

<p><em>The purpose of this study was to determine the impact of termination of employment during the Covid-19 pandemic on family resilience. This study uses a case approach and a law approach with primary legal sources and secondary legal sources in the form of books or legal journals related to the research title. The results of this study indicate that the termination of employment experienced by the head of the family or family member during the Covid-19 pandemic did not significantly affect family resilience, as evidenced by the divorce rate which did not increase significantly and was not caused by termination of employment. As for maintaining family resilience during the Covid-19 pandemic can be done by carrying out the rights and obligations of each family member in accordance with the study of Islamic family law, in addition to maintaining interpersonal communication between family members. </em></p>

scholarly journals A Família e o Reconhecimento de Paternidade Socioafetiva no Ordenamento Jurídico Brasileiro

2021 ◽  
Vol 22 (1) ◽  
pp. 12-18
Author(s):  
Juliana Isabele Gomes Probst ◽  
Vitor Ferreira de Campos
Keyword(s):  
Family Law ◽  
Nuclear Family ◽  
Theory And Practice ◽  
Economic Relations ◽  
New Family ◽  
The Social ◽  
Depth Analysis ◽  
The Family ◽  
Theoretical Conception ◽  
The Subject

ResumoEntre os destaques relacionados ao Direito de Família se encontra, em sua própria titulação, o cerne de todas as discussões dessa decorrentes: a concepção de família. Como uma das ramificações dessa concepção, fruto da nova interpretação sobre o conceito de família, a filiação deixou de ter relação apenas com a consanguinidade, mas adentrou ao âmago das relações sociais de afeto. Compreender a evolução do conceito de família nuclear, suas novas estruturações na contemporaneidade, o conceito de socioafetividade e sua composição no ordenamento jurídico brasileiro é exordio para a apreensão da concepção teórica do Direito de Família em sentido macro, exigindo uma análise aprofundada das transformações decorrentes das vicissitudes do cenário global constituinte das relações e manifestações sociais, geopolíticas e econômicas, bem como um estudo comparado entre teoria e prática. Por meio da pesquisa qualitativa bibliográfica é possível analisar o Direito de Família, sobretudo, no que tange ao reconhecimento de paternidade socioafetiva, tendo por base julgados e legislações contemporâneas, trazendo segurança jurídica na adoção desta prática interpretativa do Direito, que ainda causa dúvidas e controvérsias ideológicas, as quais nos últimos anos têm sido alvo de debates, de reflexões, de avanços e de retrocessos, como todo bom processo de evolução na sociedade. Palavras-chave: Paternidade Socioafetiva. Direito de Família. Conceito de Família. AbstractAmong the highlights related to Family Law, there is in its own title the heart of all discussions arising from it: the family concept. As one of the ramifications of this conception, the result of the new family concept interpretation, affiliation is no longer related only to consanguinity, but has entered the heart of social relationships of affection. Understanding the evolution of the nuclear family concept, its new structures in contemporary times, the socio-affectivity concept and its composition in the Brazilian legal system, is a requirement for understanding the theoretical conception of Family Law in a macro sense, requiring an in-depth analysis of the transformations arising out of the vicissitudes of the global scenario constituting the social, geopolitical and economic relations and manifestations, as well as a comparative study between theory and practice. Through qualitative bibliographic research, it is possible to analyze Family Law, especially regarding the recognition of socio-affective paternity, based on contemporary judgments and legislation, bringing legal certainty in the adoption of this interpretative Law practice, which still causes doubts and ideological controversies, which in recent years has been the subject of debates, reflections, advances and setbacks, like any good evolution process in the society. Keywords: Socio-Affective Fatherhood. Family Right. Family Concept.

scholarly journals KAKO ZAKONSKI REGULIRATI OBITELJSKU GRUPNU KONFERENCIJU U HRVATSKOJ?

2021 ◽  
Vol 28 (1) ◽  
pp. 205-229
Author(s):  
Slađana Aras Kramar
Keyword(s):  
At Risk ◽  
Social Protection ◽  
Family Law ◽  
Conflicts Of Interest ◽  
Family Members ◽  
Family Group ◽  
Family Group Conference ◽  
Starting Point ◽  
The Family ◽  
Legal Forms

HOW TO REGULATE THE FAMILY GROUP CONFERENCE IN CROATIA Taking into account the proclaimed aim of the Strategic Plan of the Ministry of Demography, Family, Youth and Social Policy 2019 − 2021, namely, social empowerment and protection of families, children and young people through enhancing family protection and supporting families at risk as a preventive measure of institutionalisation, this paper seeks to discuss the question of how law and legal forms can be used to strengthen families at risk, activate their resources, create a family group network and plan to address family law conflicts of interest and problems. This is done through determining and analysing the procedure and principles of a family group conference, as an alternative to the administrative and/or judicial one in matters of family law and social protection of children and families. For the purpose of reflection and projection, de lege ferenda, on the family group conference in the field of (administrative and judicial) family law and social protection of family members in Croatia, the New Zealand family group conference model, as a starting point for the development of this procedure, and certain European comparative law systems and good practices (the United Kingdom, the Netherlands, Norway) are analysed and discussed in the paper. In particular, open questions about the »right« to the family group conference, the assessment and criteria for referring family members to the conference, including the fact of initiation of the court procedure or if the proceedings are already pending, as well as the legal force or effectiveness of the plans achieved in the family group conference will be discussed. Key words: family group conference; child, family; social welfare center; court

scholarly journals Family Law Book as Fourth Book of the New Hungarian Civil Code

2013 ◽  
Vol 13 (2) ◽  
pp. 85-95
Author(s):  
Orsolya Szeibert
Keyword(s):  
Family Law ◽  
Family Members ◽  
Civil Code ◽  
The Family ◽  
European Standards ◽  
Fourth Book

Abstract Hungarian family law is regulated primarily in the Family Act today. This Act was accepted in 1952 but as it has been modified several times it serves the legal interests of family and family members in harmony with European standards. Nevertheless, the idea of codifying a new Civil Code in 1998 raised the question whether family law should have been included in a new Civil Code. The scientific opinions were diverging on this issue at that time, but later on it became accepted that family law should get back into the corpus of a Civil Code. The article gives an analysis of the developments and most recent changes.

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