Field Of Family Law Research Articles

PROBLEMS OF ESTABLISHING KEEPING ONE FROM MARRIAGE IN THE CONDITIONS OF MARITAL STATE IN UKRAINE

The study highlights the difficulties associated with establishing spousal support under martial law in Ukraine. A comprehensive analysis reveals the problems that individuals may face when exercising their right to receive material support from the other spouse who is a member of the Armed Forces of Ukraine. The purpose of the article is to highlight the current challenges and peculiarities associated with establishing spousal support under martial law in Ukraine. The article states that the obligation to pay alimony is one of the most important institutions of modern family law in Ukraine. Its importance is due to its fundamental role in ensuring the protection and stability of family relations. Alimony obligations to support spouses, based on both legal and moral values, serve as a cornerstone for maintaining social equality in society. It is established that family law establishes moral standards for material support of spouses, while recognising the limited scope of state provision of such needs. This dual approach reflects the balance between legal obligations and practical aspects of family relations. Family law recognises the importance of mutual support and care among family members, but also acknowledges the reality that public funds may not be sufficient to meet their needs. It is substantiated that spousal support in a marriage relationship is mutual, where the financial well-being of each partner is intertwined with their financial situation. Recognising the vulnerability that can arise when one of the spouses is unable to earn an income, the law seeks to ensure that persons in such circumstances are not left without the necessary financial assistance. It is established that the conditions of martial law in Ukraine pose significant challenges in the field of family law, in particular with regard to spousal support, especially when one of the family members, in particular a husband, is mobilised to the Armed Forces of Ukraine. In particular, there are problems with the payment of state financial support to such persons, which may have a negative impact on the timeliness of receiving financial assistance by the person in need of support. The author gives an opinion as to whether a person who has failed to pay spousal maintenance in a timely manner should be held liable, given that such a person, being a military officer, was not provided with a timely allowance for military service. It is noted that there are certain aspects of the judicial process in cases of establishing maintenance for one of the spouses when the other is mobilised and serves in the Armed Forces of Ukraine. This study highlights the urgent need for a special approach to the consideration of cases on the establishment of spousal maintenance under martial law. Although the fundamental principles of equality and justice remain unchanged, the realities of wartime require individual approaches that take into account the unique challenges faced by both payers and recipients of spousal maintenance. Therefore, the problems described above underline the need for further scientific research into the theory and practice of establishing spousal maintenance under martial law in Ukraine.

In the name of protection—A critical analysis of China's legal framework of children's personal information protection in the digital era

This article provides a critical analysis of the China's legal framework of children's personal information protection in the digital era. It demonstrates that Chinese lawmakers adopt a dual-protection paradigm consisting of data privacy law and family law to protect children's personal information. In the field of data privacy law, China's Personal Information Protection Law regards children's personal information as sensitive information, and provides all contexts-based protection through the parental consent system, resulting in severe restrictions on children's freedom of access to information and their evolving capacities. In the field of family law, the Minors Protection Law fragments the right to informational self-determination of children while applying hard legal paternalism with respect to the online live-broadcast for children, limiting children's fundamental right to freedom of expression and depriving parents of the right to the custody of their children. Based on research in developmental psychology, this article argues that different legal frameworks should be adopted according to different age groups of children to protect the best interest of the child. In this way, the balance between the protection and informational self-determination of children in the digital era can be achieved.

Implementasi Istishab Sebagai Perkembangan Hukum Islam

The dimension of Islamic law can be achieved by emphasizing the theory of benefit as the main consideration for determining a law. One of them is an effort to review istishab as an argument for determining the law, namely by determining the status of the origin. Sometimes the origin is permissible, free from demands, and sometimes it is permanent. Istishab is a method of ijtihad. Ijtihad is the inner dynamic for the birth of change to maintain the comprehensiveness of Islamic law. Istishab itself is a source of law that is debated by scholars and whether istishab itself is included as a proof or not. The first opinion says hujjah as a legal determination, the second istishab is not used as a proof in making law, the third is a proof in determining new problems. Istishab is also widely applied in various cases, both in the fields of family law, criminal, civil and economic law. More than that, the important value of the application of istishab is the principle of law in Indonesia (the principle of presumption of innocence), the principle of legality and the principle of Nullum delictum nulapoena sine praevia leg poenali makes it important to be studied further.

LIABILITY FOR VIOLATION OF FAMILY RIGHTS AND OBLIGATIONS UNDER UKRAINIAN AND THE EU LEGISLATION

The issue of liability for violation of family rights and obligations under the laws of Ukraine and the EU has always been of interest to domestic and foreign scholars. The main objective of our state in the field of family law is to harmonize the legislation with the norms of the European Union. The observance of human rights is a fundamental provision in international law and in Ukraine. After all, the rights of children, women, and parents in the family should be the highest legal and social value and they should be protected by the state in every state governed by the rule of law. The norms of international legislation enshrined in the fundamental documents must be observed in the states that have ratified them. The purpose of the research is to theoretically analyze the liability for violation of family rights and obligations under the legislation of Ukraine and the EU, to study the legal sources and to search for ways to solve the main current issues by studying domestic and international legislation and analyzing the scholars’ works. The regulatory framework governing the consequences of violating family rights and obligations is the subject of discussion.

Conceptualization of Gender Equality as the Protection of Women in Family Law Cases

Gender equality is a fundamental concept in achieving social justice and the protection of human rights. Women often face gender discrimination, gender-based violence, sexist stereotypes, and a patriarchal culture that contributes to gender injustice against women. Therefore, the protection of women in conflict with the law must be strengthened through an approach that focuses on gender equality. Especially in family law cases in the Religious Courts where it involves women. The issues raised are regarding the concept of gender equality as protection of women and what is the concept of gender equality as protection of women in family law cases? This type of research is library research or literature study. The results of this study can conclude that the concept of gender equality has been enshrined as one of the principles in adjudicating cases of women dealing with the law as stated in Article 2 of Supreme Court Regulation No. 03 of 2017 as a form of protection in family law cases. In the actualization of the principle of gender equality, when adjudicating women’s cases in the field of family law, judges are required to be gender sensitive. The role of judges in carrying out judicial functions and authority should indeed focus more on legal objectives. It is also necessary to pay attention to the principle of ex aequo et bono, which is stated in the subsidiary demands. This principle provides flexibility for judges to explore the law as widely as possible in order to uphold justice.
 Keywords: equality, family, gender, law

Islamic Renewal in the Field of Family Law: A Historical Analysis of Gender Equality

Islamic Renewal in the Field of Family Law: A Historical Analysis of Gender Equality

SOSIALISASI AMANDEMEN TERHADAP BATASAN USIA PERKAWINAN MELALUI UU NO.16 TAHUN 2019 TENTANG PERUBAHAN ATAS UU NO.1 TAHUN 1974 TENTANG PERKAWINAN

The age limit for marriage in Indonesia has different regulations. In Law No. 1 of 1974 concerning Marriage, determines the age limit for marriage as 19 (nineteen) years for men and 16 (sixteen) years for women. However, in 2019, the government amended the age limit for marriage through Law No.16 of 2019 concerning Amendments to Law NO.1 of 1974 concerning Marriage. Marriage is only permitted if the man and woman have reached the age of 19 (nineteen) years. This activity uses the method of socializing Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage in strengthening legal awareness, especially knowledge related to statutory regulations in the field of family law, which is a very positive activity.

ЗНАЧИМІСТЬ УКЛАДЕННЯ ДОГОВОРІВ ДЛЯ РЕГУЛЮВАННЯ СІМЕЙНИХ ПРАВОВІДНОСИН

This article addresses to topical issues of family law contracts, their features and the necessity of their application in modern life. Currently, in order to regulate family legal relations in Ukraine, there are no single, unified constructions of contracts and mechanisms for their application, which undoubtedly complicates the resolution of one or another issue related to the regulation of family relations. This problem is due to its legal nature and has an insufficient number of scientific works in this field, and is also distinguished by its ambiguity and versatility of application. The purpose of the article is to determine the key aspects of the creation of the contract, the characteristic features and peculiarities of the subject composition inherent in family law contracts in developed modern countries. Family relations, personal non-property and property legal relations are analyzed. A conclusion was made regarding the need to develop unified mechanisms for solving issues that arise as a result of marriage, adoption of children, adoption of guardianship and other social and legal relations in order to simplify and speed up the conduct of these procedures, as well as to establish their implementation mechanism in accordance with modernity. The relevance of the research is proven by the variety of cases and the complicated process of regulating family legal relations in legislation, the lack of a sufficient number of scientific works in the specified field. Through qualitative analysis and systematization of the materials of scientific works of scientists in the field of family law. The article made conclusions about the terminology and key characteristics of the contract in the field of family law, such as: equality, property independence, the signs of the subject composition of family contracts, the obligation to observe the moral principles of society and the requirements of state legislation. The unified term “family law contract” is proposed, as well as the signs indicating the difference between the terms and the expediency of using one or another interpretation of the term in modern scientific literature and legislative documents related to family law. Key words: family legal relations, family law contract, family law agreement, family law doctrine, family law.

2022년 가족법 주요 판례 평석

In 2022, the Supreme Court poured out notable rulings and decisions in the field of family law. As well as in 2021, there were several rulings on the claim for the Right to Legal Reserve of Inheritance. Most of all, there were a ruling that allowed a transgender parent to correct his or her gender in public records even if he or she has children who are minors. This ruling could be a reflection of the global trend of protection of sexual minorities. This article highlights eight key decisions relating to the important issues in Family Law. The eight precedents that are discussed in this article include: 1) Special profits for those who have given up inheritance; 2) Purpose and scope of application of Article 1008 of the Civil Act; 3) Responsibility for supervising minor children of parents who do not have parental authority after divorce; 4) Claim for Divorce by the Party who is responsible for the breakdown of the marriage relationship 5) Withdrawal of the Gift Effective upon Death 6) When an inheritor shall be deemed to have effected an absolute acceptance 7) Effect of Qualified Acceptance 8) The Change of Sex Designation of Transgender Parents with Minor Children Additionally, 7 cases were summarized and classified separately based on the other precedents of the Family Law issued in 2022. I hope to have an opportunity for a more detailed study in the near future.

Where the wild things are: the challenges and opportunities of the unregulated legal services landscape in family law

AbstractThis paper connects two trends in contemporary legal scholarship that do not often intersect, namely commentary on the increasingly diverse nature of family law advice and support services, and calls for a refresh of the regulatory environment in which legal services in general are provided. Focusing on the law and landscape in England and Wales, we argue that regulatory challenges are particularly acute in the field of family law, where the range and reach of services provided by non-lawyers is extraordinary. We illustrate how particular aspects of debates over regulating and diversifying legal services apply to the family law context, noting that such concerns as there are have not always been well targeted. Finally, we identify a sub-set of innovative ‘extra-legal’ services that set private family law even further apart from other sub-fields of law when it comes to regulatory and professional challenge. These services clearly sit inside the landscape of family dispute resolution but equally clearly fall outside the boundaries of what is usually considered ‘legal’. This, we suggest, highlights the need for a concerted effort to define the contours of family law and family legal services so that a holistic approach might be taken to understanding and managing the standards and effectiveness of different service and support types.

Медиация в системе способов альтернативного урегулирования семейных споров

The main purpose of the study is to determine the place of family mediation in the system of alternative ways of regulating family disputes; to evaluate the law on mediation in the general system of legislation designed to assist citizens in resolving family conflicts; to develop proposals for further improvement of legislation on mediation. The relevance of the study, its conditionality by a large number of family disputes, difficulties of access to justice, especially when considering cases in the order of administrative proceedings, is substantiated. The special interest of specialists in the field of family law in the theoretical and practical problems of mediation is emphasized. The definition of a family dispute is given as a kind of social conflict of a property or personal non-property nature arising between members of one family or between a family member and another person, if during such a conflict the rights and interests of the family or its individual members are affected. We are talking about disputes arising from legal relations that develop in the sphere of family life, the performance of its social functions. They have different subject composition, respectively, and disputes may arise between spouses, parents and children, other relatives and relatives who are in natural-biological and social ties recognized by law as legal. The definition of the concept of alternative settlement is given, understood by the authors as any settlement of disagreements and resolution of a conflict without a final resolution of the dispute on the merits by the competent authorities with the issuance of a law enforcement act subject to mandatory, including compulsory, execution. During the analysis of existing methods of alternative regulation of family disputes, in particular, used in the activities of notaries, lawyers, bailiffs, guardianship and guardianship authorities and even courts, the authors come to the conclusion that the mediation approach of public authorities cannot completely replace the mediation procedure, since these bodies have to solve the issue on the merits and when the absence of an agreement between the parties. At the same time, as a rule, one of the disputing parties wins, the other loses. This does not happen when using the mediation procedure, since during negotiations with the participation of an intermediary (mediator), the decision is made by the parties themselves or the dispute remains unresolved. In any case, the result of mediation is fixed in the mediation agreement. The author analyzes the range of circumstances that, according to the authors, can be the subject of a mediation discussion and form the basis for resolving the issue on the merits. Attention is paid to the analysis of the principles of mediation in relation to the problems of family mediation. The authors come to the conclusion that it is desirable to conduct family mediation on the principle of free, especially in disputes about children. At the end of the article is a list of the sources used. When writing the work, 18 sources were used, including scientific literature for the last 5 years. The authors declare no conflicts of interests.

Research on Notarization Function from the Perspective of Family Law

The notarization system has been in China for decades, and has gradually formed a notarization system with Chinese characteristics in the process of continuous development and improvement. Notarization plays a vital role in the field of family law, especially for complex family law cases, and it often plays an important role in the final discretion of judges. Although the notarization system is of great significance to the trial and implementation of the family law, there are still many universal problems in the family law system in the field of notarization law in China, which need to be constantly optimized and improved. This paper studies the role of notary system in the view of family law. First, it demonstrates the importance of notary in family law and the function of family law. We should find the foothold of family legal service in the perspective of notarization, analyze the problems existing in the notarization system, and put forward effective suggestions to optimize the notarization system, hoping to provide effective reference for the improvement of China's civil litigation and family legal system.

Changing the Meaning of "Parent"

This article was one of SCSS President Stephen M. Krason’s “Neither Left nor Right, but Catholic” columns that appeared in The Wanderer in 2022. It concerns the changing meaning of “parent” in American law, driven in part by the Uniform Parentage Act (which is a model law promoted by leading lawyers and legal scholars in the family law field). The law is moving in the direction of extending parental rights over children to others besides their natural or adoptive parents, allowing homosexual couples to adopt (irrespective of the adverse effects this has on children), and to increasingly see “multiparent families” as the norm. This article is reprinted with permission.

A reflection on my academic career

This paper is a story of my academic journey. It is a reflection on my career, highlighting the barriers and opportunities in the development of my institutional leadership, research and teaching career. It also provides glimpses, first, of how my research interests were developed and the factors that influenced my development as an academic and, secondly, of strategies adopted for the development of human capital to ensure the continuation of scholarship in the field of my work in future generations. Finally, the paper outlines the challenges I identified and engaged with in my research in the broad field of family law, including the law governing the institution of marriage and its dissolution, and their respective consequences, as well as the law governing inheritance under both common law or received law and customary law, and the legalised pluralism that this entails.

HUQUQIY TA’SIR CHORASI SIFATIDA OTA-ONALIK HUQUQIDAN MAHRUM QILISH VA UNI CHEKLASHNING AYRIM JIHATLARI

Maintaining a reasonable ratio of parental and child relationships in the family environment is one of the important tasks of each society. The development of a child as a perfect person is inextricably linked with a healthy atmosphere in the family, as well as the correct relationship between parents and children. In this regard, the fulfilment of parental obligations in relation to the child, established by Family Law, plays an important role. Nevertheless, in society, due to the unhealthy environment in some families, parental obligations are not fulfilled to the proper extent, and the norms of the law on the relationship between parent and child are not observed. This entails certain measures of responsibility in the field of family law. For this reason, this socially negative situation that exists in society is studied by scientists and specialists as an object of research. The article considers the deprivation of parental rights, its restriction and its grounds as a measure of family legal influence. The grounds for deprivation of parental rights are based on the fact that the parent or one of them has committed an unlawful act or inaction. At the same time, it was emphasized that the deprivation of parental rights, and its restriction is at the same time a measure to defend and protect the child from the negative impact of the parent, and the family environment, to ensure the rights and legitimate interests of the child.

Constitutional regulation of civil marriage in Israel

The purpose of this paper is to review the history of the constitutional regulation of marriage and divorce in British mandate Palestine and the state of Israel from 1918 on. Israel was subject to British rule (mostly under a mandate of the League of Nations) from 1918 to 1948, and was called Palestine at the time. In 1948 some of this territory claimed its sovereignty as an independent state called Israel. The paper will highlight the different constitutional norms and procedures that govern the field of family law in British mandate Palestine and the state of Israel from the beginning of the British mandate to this day.
 The paper is based upon historic scrutiny of the legislation of British Palestine and the state of Israel in the field of family law, analyzing the law in accordance with the historic developments in the region. The results of this scrutiny are that from 1948 to the third decade of the 21st century, the Israeli legislator has repeatedly acted to prevent the constitutional regulation of civil marriage, preserving the archaic millet system, an Ottoman system of marriage within religious communities, that was the basis of the British mandate’s regulation of marriage and divorce in Palestine. But as much as the original millet arrangement was enacted by the British as a voluntary system, it was given new and compulsory features by the Israeli legislator, all the while avoiding a comprehensive constitutional regulation of Israeli family law.
 The paper concludes that a constitutional regulation of civil marriage is probably not possible in Israel, due to the political inability to reach an agreement between religious and secular Jews in Israel. But this did not prevent the Israeli legislature from fundamentally changing the British mandate constitutional arrangement, leaving behind a patchwork of improvised legislation that violates the basic civil rights of Israeli citizens.

Status of a Child Born as a Result of IVF Procedure

Abstract Due to the constant development of medicine and biotechnology, including the in vitro procedure, more and more infertile couples can fulfil their desire to have a child. Traditional rules of family law concerning the determination of status familiae of such children have then turned out to be insufficient. The situation is even more complicated when IVF procedure assumes the use of donated genetic material or the involvement of a surrogate mother. Therefore in the field of family law the intention to “create” a child starts to play quite an important role. Family law is then undergoing far-reaching transformations, especially in those countries where same-sex couples are eligible to start IVF procedures (Great Britain, USA, Germany, Austria).

Darguzini Hasan Rıza and his work as an addition to the Majalla

Osmanlı Devleti’nin özellikle Tanzimat’tan itibaren çeşitli sahalarda içine düştüğü krizleri aşmak için köklü reformlar yaptığı gerçeği açıktır. Bu çerçevede “Mecelle-i Ahkâm-ı Adliyye”nin hazırlanıp kanunlaştırılması hiç şüphesiz gerek Osmanlı hukuk tarihinin gerekse İslam hukuk tarihinin en önemli olaylarındandır. Mecelle esas itibariyle borçlar, kısmen eşya ve yargılama/usul hukuku konularını kapsaması nedeniyle tam ve eksiksiz bir medenî kanun mahiyetinde değildir. Özellikle Aile Hukuku alanına tekabül eden “Münâkehât ve Müfârakât” bahisleri ve buna dair kanun maddeleri Mecelle’de yer almamaktadır. Çalışmamıza esas teşkil eden eser işte tam da bu boşluğu doldurmak için kaleme alınmıştır. Kadri Paşa’nın (ö. 1888) “el-Ahkâmü’ş-şer’iyye fi’l-Ahvâli’ş-şahsiyye” isimli kanun taslağı mahiyetindeki kitabının tercüme ve şerhi mahiyetindeki eser, Dergüzînî’ nin ifadesine göre Aile Hukukuna dair derli toplu bir metin ihtiyacından doğmasının yanı sıra devrinin özellikle İslam Aile Hukuku ahkâmına yönelen eleştirilerine de cevap mahiyetindedir. Aile Hukuku Kararnamesi’nden yaklaşık yirmi yıl önce hazırlanması da eserin mahiyetinin tahlilinde yardımcı bir ipucudur. Dergüzînî, tercümenin yanı sıra şerh ve izahlarla nikah akdi, eşlerin sorumlulukları, boşama, neseb ve nafaka bahislerini anlaşılır kılma ve bu konulardaki eleştirilere cevap verme çabasındadır. Onun bu çabası, Kânun-i Esâsî’ye yaptığı dinî referanslı şerhle birlikte değerlendirildiğinde, özellikle klasik fıkıh literatüründe yer alan Aile Hukuku ahkâmının doğruluğunun ispatı ve söz konusu hükümlerin selîm insan fıtratına uygunluğunun savunusu olarak nitelendirilebilir. Bu çalışma esas itibariyle Dergüzînî’nin bu eserinin mahiyetini analiz ederken, aynı zamanda müellifin yaşadığı devrin, fıkıh ahkâmına dair ürettiği eleştiri konularının icmali portresini çıkarmak gayesini de gütmektedir. Bu çerçevede eserin başına eklenen sekiz adet takriz ve Dergüzînî’nin mukaddimesi yol gösterici bilgiler barındırmaktadır. Özellikle bürokrasi ve ilim çevreleriyle kurulan ilişkiler, gündemdeki tartışmalı ilmi meseleler bu takrizlerden anlaşılabilir. Takrizlerde, islam kadınının statüsüne ilişkin değerlendirmeler esnasında Feminizm hareketine de atıf yapılmıştır. Burada ele alınan yaklaşımlar Femi-nizm hareketinin tarihsel kökeni ve geçirdiği evrelere dair bilgilerle birleşti-rildiğinde, dönemin entelektüel hafızasıyla ilgili önemli sonuçlara ulaşılabilir. Hayatı hakkında bilgi bulunmayan Dergüzînî’nin kimlik ve statüsüne ilişkin tahliller de bu çalışmanın vazgeçilmez bir gereğidir.

Vybrané instituty rodinného práva po 10 letech platnosti nového občanského zákoníku

The content of this article corresponds to its name. The “new” Civil Code was in the Czech Republic published in 2012 and the article brings a summary of the most significant changes the new legal regulation brought to the field of family law. The article, specifically, deals with the practical realization of section no 688 of the Civil Code which lays down to a spouse a duty to inform his or her spouse about his/her property and income, as well as with the possibility to use the community property of spouses to achieve a payment of a debt of one spouse by the judicial enforcement. Finally, the article reminds the reader of the new regulation of change of child’s habitual residence.

Классификация принципов семейного права России

Based on the positivist legal thinking, the classification of the principles of family law is analyzed: 1) according to the source of the normative consolidation of the principles of family law; 2) in the field of legal regulation. Within the framework of the first classification, three groups of principles of family law are distinguished and characterized: 1) constitutional principles of family law, duplicated and (or) specified in the Family Code of the Russian Federation (three principles); 2) constitutional principles of family law, not duplicated in the Family Code of the Russian Federation (thirteen principles); 3) sectoral principles of family law, reflected only in the Family Code of the Russian Federation (seven principles). Within the framework of the second classification, general legal principles that are valid in the field of family law (eleven principles), intersectoral principles of family law (two principles) and specific sectoral principles of family law (ten principles) are distinguished and characterized. It is substantiated that some provisions of Part 1 of Article 1 of the Family Code of the Russian Federation (building family relations based on feelings of mutual love and respect, mutual assistance and responsibility to the family of all its members) are not principles of law, but represent a special way of fixing certain guidelines in family relations, family values, which in turn are based on the norms of morality and ethics.