scholarly journals Les lignes de force de la Loi 89 instituant un nouveau Code civil et portant réforme du droit de la famille

2005 ◽  
Vol 22 (2) ◽  
pp. 297-307
Author(s):  
Marie-José Longtin
Keyword(s):  
Family Law ◽  
Family Relations ◽  
Civil Code ◽  
Self Determination ◽  
Law Reform ◽  
The Family ◽  
Civil Code Of Quebec ◽  
Mandatory Rules ◽  
Code Civil

The family law reform is based upon several principles among which the legislation seeks to create a certain balance. The new legislation approaches the question of that balance under four themes : 1. The equality between man and woman - an equality sometimes intruded upon in order to protect one of the spouses or to strengthen his or her self-determination ; 2. the spouses' freedom to arrange their family relations as they see fit, but a freedom limited by several mandatory rules in order to ensure a greater measure of equality for each ; 3. the equality between children regardless of the circumstances of their birth or their form of filiation - an equality strengthened by rules devised to protect their interests ; 4. the increased intervention of the judiciary authaurised mostly for promotive self-reconciliation by the parties. The following comments try to illustrate how these four principles are embodied in book two of the Civil Code of Quebec, book which must be construed according to the Legislator's expressed view for overriding equality, simplicity and flexibility.

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.

scholarly journals Le régime primaire dans le nouveau Code civil du Québec : quelques remarques critiques

2005 ◽  
Vol 22 (2) ◽  
pp. 325-336
Author(s):  
Ernest Caparros
Keyword(s):  
Civil Code ◽  
Household Work ◽  
Lower Canada ◽  
Judicial Intervention ◽  
The Family ◽  
Civil Code Of Quebec ◽  
Mutual Obligation ◽  
Code Civil

The author points out, in the introduction, that the reform introduced by Bill 89 is limited to one of the nine Books that the new Civil Code of Québec will have, and that even in this Second Book only 151 articles are in force. He then studies the contribution of the spouses to the needs of the family as regulated by the new provisions: the mutual obligation to contribute is now imposed by law. The autor regrets that the new Code restricts the concept of contribution in the form of work to household work. He underlines that the solidarité aimed at by the new provisions may be jeopardized by the continued application of rules from the present Civil Code of Lower Canada. As for the protection of the family residence, the author indicates how this protection is in some cases very limited and questions the efficiency of the formalities required. He also regrets that the new provisions concerning the fate of the family residence at the end of the cohabitation have not been put in force yet. Finally, he criticizes the provisions concerning judicial intervention in family matters.

scholarly journals Personal Freedom in Estonian Marriage Law between 1918 and 1940

2020 ◽  
Vol 29 ◽  
pp. 3-11
Author(s):  
Katrin Kiirend-Pruuli
Keyword(s):  
Family Law ◽  
Russian Empire ◽  
Civil Code ◽  
Law Reform ◽  
Personal Freedom ◽  
The Family ◽  
Marital Property ◽  
Female Lawyers ◽  
The Russian Empire ◽  
Property Regime

Although Estonia started to develop its own legal system after gaining independence in 1918, many of the old laws from the Russian Empire remained in force in the interim. Soon, Estonia started to develop its own civil code. The old Baltic Private Law Code was highly patriarchal, and various aspects of family law reform were extensively discussed throughout the 1920s and 1930s. While the need for reform was widely accepted, opinions as to its extent varied considerably: female lawyers, inspired by Scandinavian laws, fought for the greatest possible degree of freedom and equality between spouses, while conservative politicians preferred more moderate changes. The article examines two main questions connected with the developments of those times – how much freedom the state gave to spouses for regulating their personal and proprietary relations and how much personal freedom the wife had in comparison to the husband. The norms regulating personal relations, the statutory matrimonial property regime, and the contract related to marital property are analysed in connection with efforts to identify the merits and reasonable limits of personal freedom in marriage. The family law in force in the 1920s and 1930s is compared with draft forms of the Estonian Civil Code, for uncovering how the compilers of the new version achieved balance between modern liberal ideas of personal freedom and traditional concerns about upholding stability of marriage.

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 Family and Its Place in the Structure of Civil Relationships

2018 ◽  
Vol 50 ◽  
pp. 01238
Author(s):  
Khurshed Nasirov
Keyword(s):  
Property Rights ◽  
Family Law ◽  
Family Relations ◽  
Civil Law ◽  
Legal Regulation ◽  
Cultural Issues ◽  
Specific Nature ◽  
Social Unit ◽  
Independent Family ◽  
The Family

The author studies the place of the family in the structure of family relations. The correlation between civil law and family law in Soviet, Russian and Tajik legal science is considered. According to the author, the family is a social unit of society with the help of which people seek to solve demographic, economic and cultural issues. It is stated that the family is an alliance of persons created on the marriage, kinship, birth and adoption of children, as well as their upbringing. Accordingly, such alliance leads to the development of certain personal non-property and property rights and obligations based not only on mutual interests and concerns, but primarily on the related ties. In this regard, it seems logical that the specific nature of these rights and obligations requires the use of special tools for legal regulation; the content of legal relations arising on their basis is considered to be independent family relations.

scholarly journals A Revolution in Muslim Family Law? Egypt’s Pre- and Post-Revolutionary Period (2011-2013) Compared

2015 ◽  
Vol 5 ◽  
Author(s):  
Nadia Sonneveld ◽  
Monika Lindbekk
Keyword(s):  
Family Law ◽  
Transitional Period ◽  
Law Reform ◽  
New Right ◽  
Old Regime ◽  
Egyptian Revolution ◽  
Legal Reforms ◽  
The Family ◽  
Male Authority ◽  
Revolutionary Period

In the weeks following the Egyptian revolution of 2011, a group of divorced fathersrose to demand a “revolution in family law.” Portraying extant family law provisions assymbolic of the old regime and as deviating from the principles of shariʿa, their call was givenprominent media attention and, in the ensuing transitional period (2011 to 2013), women’srights and family law emerged as contentious areas in Egypt.By comparing public debates on family law reform in the decade preceding the 2011revolution to the two years following it, we argue that Egypt’s “revolution in family law”actually started a decade earlier, in 2000, when Egyptian women’s new right to divorceunilaterally rocked the country.1 This set in motion other legal reforms that challengedfundamental aspects of male authority in the family and slowly led to the emergence ofinnovative conceptions of motherhood and fatherhood.

scholarly journals Islamic Family Law Reform: Problems and Prospects

ICR Journal ◽  
2011 ◽  
Vol 3 (1) ◽  
pp. 37-52
Author(s):  
Mohammad Hashim Kamali
Keyword(s):  
Community Development ◽  
Family Law ◽  
First Century ◽  
Law Reform ◽  
International Institute ◽  
Special Issue ◽  
International Conference ◽  
Islamic Thought ◽  
The Family ◽  
Islamic Family Law

This Special Issue of Islam and Civilisational Renewal carries selected papers from the ‘International Conference on the Family Institution in the Twenty-First Century: Ideals and Realities’, held at IAIS Malaysia on 13-14 December 2010. The event was jointly organised by IAIS Malaysia, the Institute of Islamic Understanding Malaysia (IKIM), Yayasan Pendidikan Islam (YPI), Yayasan Ubaidi, the Journalists and Writers Foundation, Istanbul, Turkey, the International Institute of Islamic Thought (IIIT), and the Malaysian Turkish Dialogue Society, and officiated by Senator Dato, Sri Sharizat Abdul Jalil, Malaysia’s Minister of Women, Family and Community Development.  

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