Parental legal authority to determine and change the name, patronymic and surname of children: continuity of approaches in the Soviet and Russian legal systems

2021 ◽  
Vol 2021 (1) ◽  
pp. 78-87
Author(s):  
Nataliya Burdanova
Keyword(s):  
Legal System ◽  
Legal Status ◽  
Family Law ◽  
Parental Authority ◽  
Legal Authority ◽  
Russian History ◽  
Judicial Practice ◽  
Parents And Children ◽  
Legal Situation ◽  
History Of

Using the example of parental powers to determine and change the name, patronymic and surname of children, the article examines the regularity of the formation and development of the institution of personal non-property rights and responsibilities of parents in Russia. The author describes the legal situation of parents and children established in the monarchic period of Russian history by 1917. Issues such as the prerequisites for the establishment of the legal institution of the branch of family law in the Soviet legal system and the nature and causes of changes in the legal status of children depending on the legality of birth have been raised. The rights and duties of parents, differences in the legal status of men and women, and the influence of marital status and other circumstances were considered. The main sources of the study were normative legal acts and judicial practice of the Soviet and Russian periods of the history of the national state and law. The study concluded that a comprehensive approach had been developed in Soviet family law to regulate parental authority to determine and change the children’s first name, patronymic and surname. The modern Russian legal system has adopted rules establishing parental authority to determine and change the children’s first name, patronymic and surname of the Soviet legal system.

scholarly journals Legal Status of Minor Testator’s Parents Deprived of Parental Authority in Intestate Succession. Some Remarks on the Solutions in Polish, Russian, and Italian Law

2021 ◽  
Vol 47 (4) ◽  
pp. 107-134
Author(s):  
Hanna Witczak
Keyword(s):  
Legal Status ◽  
Parental Authority ◽  
Legal Systems ◽  
Family Ties ◽  
Italian Law ◽  
Parental Obligations ◽  
Legal Situation ◽  
Polish Law ◽  
The Right ◽  
A Minor

The legal situation of minor testator’s parents in intestate succession poses a significant legal and social problem. In Polish law, parents who have been deprived of parental authority continue to enjoy their civil-law status; in other words, they maintain the right to inherit from their child under statute. Meanwhile, the reasons for which the court applied the strictest possible “sanction” in the form of deprivation of authority of parents who, in exercising their rights under parental authority, seriously violated the child’s interest or grossly neglected parental obligations, which is noticeable even to an ordinary bystander, seem to be sufficient “proof” that family ties, which are decisive for the statutory title to inherit, do not exist. If these ties are severed or seriously disrupted, the consequences should be seen in all areas of life. Simply put, persons who deliberately break apart the family should not enjoy the advantages that the law provides for testator’s closest relatives. In such a case, to consider the effect of deprivation of parental authority by “releasing” its holders from any obligation towards the child may not be considered a sufficient civil sanction, especially given that in the vast majority of cases, the reason for such deprivation is gross neglect of parental duties by one or both parents. The consequences of this type of negligence should also, if not primarily, consist in the deprivation of pecuniary benefits that the parents of a minor could enjoy after his or her death. The current legal solutions governing this area undoubtedly need to be revised. Such imperfect normative solutions adopted in Polish law prove the need to propose de lege ferenda recommendations. In this context, it is worthwhile to have a look at the normative solutions adopted in foreign legal systems and whether they can be grafted on Polish law. The reference to the Russian and Italian legal systems seems particularly recommendable due to the fact that their normative solutions directly allude to the institution of deprivation of parental authority in the context of admissibility of the title to inherit.

scholarly journals FEATURES OF JUDICIAL CASES INVOLVING WOMEN IN THE FATIMID CALIPHATE IN THE 10TH–12TH CENTURIES (historical and legal analysis)

2020 ◽  
pp. 249-253
Author(s):  
Faridun Z. Zavurbekov
Keyword(s):  
Legal Status ◽  
Negative Attitude ◽  
Special Role ◽  
Legal Analysis ◽  
Criminal Cases ◽  
Judicial Process ◽  
Judicial Practice ◽  
Marriage Contract ◽  
History Of

The article deals with the rights of women in the Fatimid Caliphate (10th to 12th centuries) by analysing the judicial practice of the time, the decisions of the Sharia and Mazalim courts. The author focuses on the legal status of women in the sphere of marriage, family and criminal law in the Ismaili tradition. Historical-legal and comparative-legal methods are used in the analysis of sources. The study begins with a short digression into the history of the Fatimid Caliphate. The features of the judicial system, the role of the cadi and its competence are described. There are a number of court cases, one of the parties to which was a woman. Based on the analysis, the author makes a conclusion about the specifi city of the Fatimid approach to marriage, in comparison with the Sunni and Imamite legal schools. The special role of guardians at the conclusion of the marriage contract and restriction of freedom of its termination is noted. Attention is drawn to the fact of extremely negative attitude to marriage between Muslim women and representatives of other religious movements, as well as to such an institution of family law as temporary marriage, legalised in the Imamite school of law. The fi nal part deals with criminal cases in which a woman is both the victim and the accused. Based on these precedents, it is a non-trivial conclusion that the judges of the Fatimid Caliphate did not always rely on Sharia norms when making decisions against women, which is completely atypical for Muslim traditions in general. At the same time, any crimes against this group of the population were punished rather severely. Particular attention is drawn to the state’s approach to women plaintiffs, depending on the degree of their personal participation in the judicial process.

Parents and Children: Rights and Duties

2011 ◽  
Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman
Keyword(s):  
Legal Status ◽  
State Intervention ◽  
Third Parties ◽  
The State ◽  
Parental Authority ◽  
Financial Independence ◽  
Parents And Children ◽  
American Law ◽  
Children Rights

This chapter looks at the rights and obligations of those who have earned (or been saddled with) the legal status of “parent.” It examines state intervention in troubled families and challenges to parental authority by third parties (grandparents seeking visitation rights, for example). The chapter also looks at children's procedural and expressive rights against the state, and the rights against their parents related to financial independence, sex, marriage, and reproduction. It shows that American law has empowered children—at least to a degree—and has defined not only their rights, but also what society and their parents owe them, though enforcing these rights can be somewhat difficult regardless.

scholarly journals INTERRELATION BETWEEN RESTITUTION AND UNJUST ENRICHMENT: LESSONS LEARNED FROM THE EXPERIENCE OF ANGLO-AMERICAN LEGAL SYSTEM

2016 ◽  
Vol 1 (6) ◽  
pp. 0-0
Author(s):  
Анна Джанаева ◽  
Anna Dzhanaeva
Keyword(s):  
Legal System ◽  
Legal Status ◽  
Lessons Learned ◽  
Protection Measure ◽  
Law System ◽  
Unjust Enrichment ◽  
Judicial Practice ◽  
Russian Law ◽  
Anglo American ◽  
American Legal System

The article deals with the interrelation between restitution and unjust enrichment in the Russian and Anglo-American legal systems. The analysis is based on theoretical scientific opinions, as well as on the legislation and judicial practice. The article notes that in the Russian law the “absence of grounds” principle is used for unjust enrichment (which means that if there is no legal basis for enrichment, the rules on unjust enrichment should be applied), and in order to apply the restitution rules one must prove the “unfair factor” in the form of an invalid transaction (the basis for the application of legal rules is specified). The first approach is typical for unjust enrichment in the continental law system, the second one — in the Anglo-American legal system. The Russian legislation thereby simultaneously uses two criteria — most situations are covered by the “absence of ground” principle, and restitution as a consequence of transaction invalidation is set aside, in this situation the “unjust factor” principle is applied. Mixing two different approaches seems unjustified. In addition, the author notes that legal consequences and the nature of restitution and unjust enrichment in the Russian law are basically the same — both institutions have the aim to restore the legal status that existed before the person who unjustly enriched himself breached the law. The author concludes that there is a need to avoid duplication of legal institutions of unjust enrichment and restitution in the Russian law, and to make restitution a universal protection measure for any event of unjust enrichment.

Whose Authority? Contesting and Negotiating the Idea of a Legitimate Interpretation of Islamic Law in Indonesia

2015 ◽  
Vol 10 (2) ◽  
pp. 191-212 ◽  
Author(s):  
Alfitri
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Law Reform ◽  
Synthetic Approach ◽  
Legal Authority ◽  
Legal Norms ◽  
Legal Principles ◽  
Continuity And Change ◽  
Sources Of Authority ◽  
History Of

AbstractThis article examines the history of the evolution of Islamic legal authority in Indonesia and provides an account of how it is contested and negotiated in contemporary Indonesia, using the history of family law reform as an example. There is a plurality of sources of authority for Islamic law as they operate within the domain of family law. The case studies reveal tensions between continuity and change in the development of Islamic legal principles and the strategies that different actors employ to advance their preferred version of Islamic legal norms: while the state has adopted a synthetic approach in order to accommodate these multiple legal authorities and increase the efficacy of its own statutes, the ulama persistently insist on the authority of fiqh as the immutable point of reference in resolving legal problems faced by Muslims. These conflicts ensure that the statutes will continue facing challenges as a legitimate interpretation of Islamic law in Indonesia.

scholarly journals LEGAL RELATIONS BETWEEN PARENTS AND CHILDREN IN POLISH FAMILY LAW (SELECTED ISSUES)

2021 ◽  
pp. 101-111
Author(s):  
A. Lutkevich-Rucinska
Keyword(s):  
Family Law ◽  
Parental Authority ◽  
Legal Regulations ◽  
Parents And Children ◽  
Legal Grounds

The paper deals with selected issues of Polish family law, concerning legal relations between parents and children. The Author presents basic provisions which refer to parental authority over the child, indicating in particular components of parental authority, the statutory directives determining the manner of it’s exercise and the legal grounds for limitation, deprivation or suspension of parental authority by a court judgment. In the paper the Author also presents the most important issues relating to legal regulations of contact of parents with the child and mutual maintenance obligations between parents and children.

scholarly journals PRZESŁANKI OGRANICZENIA WŁADZY RODZICIELSKIEJ NA ZIEMIACH POLSKICH

2016 ◽  
Vol 10 (1) ◽  
pp. 149
Author(s):  
Iwona Długoszewska
Keyword(s):  
Legal System ◽  
Historical Perspective ◽  
Tenth Century ◽  
Primary Objective ◽  
Parental Authority ◽  
History Of ◽  
Current Code

Reasons for Restricting Parental in the Polish LandsSummary This article presents the limits of parental authority and, in particular, the condition of this limitation in historical perspective. The analysis of this institution begins the tenth century, and ends on the current Code and caring family. The primary objective of the article is to present the evolution of the institution of parental restrictions. Various stages of this evolution in Poland have been preceded by a brief general remarks on the regulation of this institution in Europe. The analysis serves primarily to a better understanding of the institution itself limits of parental authority, but also allows the presentation of the history of the Polish legal system over the centuries.

scholarly journals DIRECTIONS FOR IMPROVING THE LEGAL SUPPORT OF PUBLIC SERVICE IN THE SUBJECT OF THE RUSSIAN FEDERATION Part I

2020 ◽  
Vol 34 (2) ◽  
pp. 70-76
Author(s):  
E.B. Abakumova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Framework ◽  
Legal Regulation ◽  
Scientific Basis ◽  
Judicial Practice ◽  
History Of ◽  
The Subject ◽  
The Russian Federation ◽  
History Of Formation

This is an attempt to provide a meaningful disclosure of the key features of the legal status of civil servants in the Russian Federation in this article. The specifics of their legal status are expressed in the aggregate of legally established guarantees, restrictions and liability. This made it possible to analyze the legal framework governing the service in these positions on a scientific basis. Study the history of formation and development of Institute of the state posts of the Russian Federation, studying the legislative experience of the Russian regions, the existing judicial practice and theoretical developments in the scientific literature, is intended to facilitate the search for optimal solutions of actual problems of legal regulation of legal relations associated with the replacement of these posts.

American Rights in the Panama Canal

1940 ◽  
Vol 34 (3) ◽  
pp. 416-442 ◽  
Author(s):  
Norman J. Padelford
Keyword(s):  
Legal Status ◽  
The United States ◽  
Panama Canal ◽  
Executive Orders ◽  
Legal Situation ◽  
Comprehensive Picture ◽  
History Of ◽  
Complete Survey ◽  
The Cost ◽  
Source Materials

The return of maritime warfare in the Atlantic and Pacific, and the proclamation by the United States of its neutrality in the existing state of war, raise anew important questions of law concerning the Panama Canal. While there is an abundant literature on the history of the Canal project, on the Panama Revolution, the Tolls controversy, the economic importance of the Canal and the cost of its defense, little has been written on the legal status of the Canal as a completed and operating institution. No complete survey of the treaties, laws, executive orders, regulations, agreements, opinions and decisions, and diplomatic correspondence seems to exist. Only by a laborious consultation of source materials, not all of which are easily accessible, can a comprehensive picture of the legal situation be pieced together. It is hoped that the treatment which follows may help to fill this lacuna.

scholarly journals Development of Legal Regulation of Actual Marriage Relations under Family Law Operated in Ukraine in the X–XXI centuries

2020 ◽  
pp. 190-199
Author(s):  
Valentyn LUCHKOVSKYI
Keyword(s):  
Legal Status ◽  
18Th Century ◽  
Family Law ◽  
Legal Regulation ◽  
Scientific Article ◽  
Marital Relations ◽  
Black Sea Region ◽  
Parents And Children ◽  
Short Period ◽  
Legal Consequences

The scientific article investigates the historical aspects of the development of legislation that operated on the Ukrainian lands regarding the legal regulation of actual marital relations. In particular, the author determined that in Ukraine the legal regulation of actual marital relations took place already during the existence of the Greek cities-states of the Northern Black Sea region according to the norms of Roman law (institute of concubinage). From the 9th to the 20th centuries Ukrainian lands were part of different states, i.e. Kievan Rus, Russian principalities, Kingdom of Rus, Grand Duchy of Lithuania, Kingdom of Poland, Polish-Lithuanian Commonwealth, Ukrainian Hetman state, Tsardom of Russia, Russian and Austro-Hungarian empires. Before 1917 attitude of the state in the issue of legal regulation of actual marriage relations and the legal consequences of actual marriage did not change significantly; such relations did not generate legal consequences of marriage. Legislation recognized exclusively church marriage as the sole basis for the emergence of the rights and obligations of spouses, parents and children. Only at the end of the 18th century the rights and obligations of children born in marriage and out of wedlock were partially equal as for the right to upbringing and support. Due to the changes in family law in 1917–1926 there was a replacement of church marriage into the marriage registered by the civil registration authorities as the sole basis for the emergence of the rights and obligations of the spouses. This replacement led to the partial recognition of actual marital relations (in part rights and obligations of the spouses) and the final separation of the legal status of parents and children from the presence of a registered marriage between the parents of the child (except for a short period from 1944 to 1969). Adoption of the current Family Code of Ukraine has led to the recognition of a number of legal consequences in the property and personal non-property sphere by virtue of actual marital relations, in particular as to the commonality of the property acquired in these relations, the possibility to regulate the legal regime of the property by contract, as well as the alimony and adoption rights.

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