Habitual Residence Research Articles

Entrepreneurial aspects of the EU Succession Regulation

This article investigates entrepreneurial aspects of succession law under the EU Succession Regulation. The subject area of entrepreneurial succession takes on a new dimension in a cross-border context. It is now the rule that there is at least one foreign connection within an entrepreneurial family: this may be the case due to a foreign nationality, a foreign habitual residence of the entrepreneur or the existence of company assets abroad, etc. Consequently, the entire process of business succession is strongly influenced by rules of private international law and must be viewed from a new – namely international – standpoint. Each EU Member State has its own conflict of law rules with regard to succession law, which provides an answer to the question of which law should be applied when there is an interference with other legal systems. For the territory of the EU, there has been an EU-wide inheritance law since August 2015 that answers this question – the so – called EU Succession Regulation, which also applies to entrepreneurs in their legal status as natural persons. Despite the fact that company law is explicitly excluded from the scope of application of the EU Succession Regulation, its interfaces with company law are of great practical relevance for the succession of the deceased entrepreneur. The aim of this article is to highlight the various legal aspects of the business succession under the EU Succession Regulation and distinguish them from the rules of private international law.

Antenatal exposure to vehicular pollutants and association with preterm birth in Colombia.

Objective: To determine the association between preterm delivery and prenatal exposure of pregnant women to vehicular emissions of particulate matter smaller than 10 microns and carbon monoxide, in a city in Colombia, between July 2014 and July 2015. Methods: Relational, retrospective, case-control study at the Caldas Hospital in the city of Manizales; in women who attended delivery care. Exposure to vehicular emissions of particulate matter smaller than 10 microns and carbon monoxide was determined using previously published estimates for the city. The statistical analysis was carried out in the Jamovi – Stats Open Now application. It had the endorsement of the ethics committees of the institutions involved. Results: A total of 222 patients were analyzed, 74 presented preterm delivery (cases) and 148 term delivery (controls). No statistically significant association was found between the development of preterm labor and levels of particulate matter less than 10 microns or carbon monoxide; however, there could be an association between preterm delivery and health insurance, which could not be established due to the small sample size. The spatial pattern of cases of preterm delivery in the city was also obtained based on the habitual residence of the patients. Conclusion: Environmental pollutants such as particulate matter smaller than 10 microns and carbon monoxide may be involved in the presentation of preterm labor, however, more studies are required to analyze this association.

“I didn’t have a chance”: perceptions of the attitudes and roles of legal professionals for women involved in Hague international child abduction cases

ABSTRACT Studies of lawyers and clients tend to be lawyer centric. How clients see lawyers—their own or those of other parties—is less emphasised. In this article we report the perspective of ten women who had been subject to a Hague Convention on the Civil Aspects of International Child Abduction process. The Convention was created to address removal of children from custodial mothers by non-custodial fathers and aims to ensure the safe return of children to their country of “habitual residence”. However, the Hague Convention process, and the lawyers and courts that administer it, do not adequately respond to situations where mothers are fleeing domestic and family violence with their children. The women we spoke with had all fled domestic and family violence and sought safety by returning to their own country. They had been subject to a Hague Convention process for the return of their child(ren) to the country and custody of their perpetrator and experienced an accusatory, uncaring, hostile legal profession. The women felt that the lawyers were motivated by moral assessments of them and their behaviour. The lawyers were seen as participating and continuing the violence as an agent of the perpetrator and the state.

Analysis of the determinants of sleep quality in a Spanish population: a study protocol for a cross-sectional study

IntroductionSleep problems are a growing public health concern being related, among others, to an increased risk of cardiovascular diseases or worse cognitive functioning. In addition, they can affect aspects related...

Levels of Sustainability Awareness in Spanish University Students of Nautical Activities as Future Managers of Sports and Active Tourism Programmes

University students will play an important role in making decisions that will affect the environment, as future leaders of our society. Their level of sensitivity and environmental knowledge will play an important role in adequately facing future challenges. This article aims to measure the sustainability awareness of a sample of future graduates in Physical Activity and Sport Sciences in Spain. The literature supports that the sensitivity of these students can be estimated by using the Spanish adaptation of the SCQ-S. This allows for establishing the level of knowledge, attitudes and behaviour pertaining to sustainability in three dimensions: environmental, social and economic. The sample consisted of 170 students (58.8% males; 41.2% females) with a mean age of 20.5 years (±4.039). The overall Cronbach’s alpha showed a fairly good value (α = 0.836). The same was true for the Kaiser–Meyer–Olkin test values (KMO = 0.816) and Bartlett’s sphericity test (p < 0.001). The knowledge construct (4.56 ± 0.53) was the highest descriptive, followed by attitude (4.12 ± 0.59). The lowest value was behaviour (3.79 ± 0.66). By gender, girls obtained the highest sensitivity indexes. In addition, the place of habitual residence and physical activity in the natural environment were related to the overall behaviour of the university students. It is concluded that being in active contact with the natural environment allows us to have a higher level of awareness.

Ten-year hospitalization trends in Mexico: Examining the profile of national and transient and migrants.

In Mexico, as in other societies, migrants are seen as over-users of health services. However, the extent, distribution, and trends of use over time are unknown. Evidence is needed to inform health policies and improve health services for foreign patients. The objective of this study was to examine factors associated with the distribution and trends of Mexican and foreign resident hospitalizations in Mexican public hospitals from 2010 to 2020. A graphical and statistical analysis (descriptive and correlational) of discharge trends in public hospitals was carried out. Hospitalization trends were analyzed by country of habitual residence (Mexico, US, Central and South America, and Other Continents), age, sex, primary discharge category, and region of service delivery. Adjusted Poisson modeling was used to examine the factors associated with annual hospitalizations of Mexican and foreign residents. Between 2010 and 2020, there were 26,780,808 hospitalizations in Mexican public hospitals. Of these, 0.05% were of foreign residents. Hospitalizations for Mexican residents remained stable from 2010 to 2019, while those for foreign residents trended upward over the same period. In 2020, hospitalizations of Mexican residents fell by 36.6%, while foreign resident hospitalizations fell by 348.8%. The distribution of hospitalizations by sex was higher among females for all categories of habitual residence, except among US residents. Obstetric discharges were the most common reason for hospitalization among Mexican residents (42.45%), Central and South American residents (42.24%), and residents from Other Continents (13.73%). The average hospital stay was 2 days. Poisson regression confirmed these results, showing that hospitalizations was higher among women (except among foreign residents) and in the ≤ 17 age group. Poisson modeling also showed that trauma injury was the leading cause of discharge for foreign residents after obstetric causes. It is unlikely the upward trend in hospitalizations among foreign residents in Mexico from 2010 to 2019 affected the Mexican public health system, given the small proportion (0.05%) of hospitalizations and the brief length of hospital stay. The increased number of hospitalizations during the study period may be explained by local and national measures to facilitate foreign residents' access to hospital services, while the decrease in hospital utilization in 2020 is likely associated with COVID-19. Geographic location and the most frequent primary discharge categories of hospitalizations within each population could provide evidence for modifications to public health policy in Mexico.

The transfer of proceedings in international family cases

There is general agreement that jurisdiction over issues concerning children or vulnerable adults should lie with the court of their habitual residence. There are particular circumstances in which that is not wholly satisfactory and four international instruments have provided, using rather different language, the possibility of jurisdiction being transferred to a court better placed to decide the case. They include Brussels IIb applying in EU Member States since August 2022 and the Hague Child Protection Convention of growing importance in the UK. This paper examines that transfer possibility with a detailed comparison of the relevant instruments.

"Peculiar Finalities": Blurring the Borders between Abduction and Adoption?

ABSTRACT: The Hague Convention on the Civil Aspects of International Child Abduction is not usually associated with the issue of child adoption: its case law is often complex and focused upon such concepts as "habitual residence" and parental consent, neither of which fit comfortably into the various discourses arising out of adoption law jurisprudence. And yet, aspects of Hague's body of case law arguably hold relevance for adoptees and their estranged birth relatives, in the sense that they touch upon difficult features of family life: kin contact, access to accurate information, abusive relationships, and the notion of relinquished parenthood. Judicial interpretations of such principles as best interests, the voice of the child, the extent of parental responsibility, and the need for child identity, can offer convoluted rights analyses which in turn touch upon the consequences of suffering certain losses, not least original kinships and natal or sociocultural identities. These discourses highlight the implications of maintaining or severing genetic connections: mention is often made of the need for speedy family reunification, the importance of preserving the child's ties to their country of origins, and the benefits of having some form of contact with family members. Significant too is the child's ability—or otherwise—to integrate into new cross-border familial or sociocultural settings. The human rights implications of losing or gaining access to one's "roots" via geographic dislocation (or indeed through a court-ordered return to a place of origin) are therefore key.

Local Authority B v. X, V and T; (Re T)

444States — Recognition — Turkish Republic of Northern Cyprus (“TRNC”) — Whether TRNC a Member State for purposes of European Council Regulation No 2201/2003Jurisdiction — Turkish Republic of Northern Cyprus — Whether TRNC capable of being a country of habitual residence for determining jurisdiction in care proceedings — Whether child can retain habitual residence when parent deported from country — Effect of having no place of habitual residenceTreaties — Interpretation — Application — Protocol No 10 of the 2003 Act of Accession of Cyprus to European Union — Effect of suspension of acquis communautaire to the TRNC — The law of England

Challenges of International Adoption in Bosnia and Herzegovina

Adoption is a special form of family-legal protection of children without parental responsibility, which establishes the parental relationship. We distinguish adoption that takes place within the borders of one country, i.e. internal adoption, and cross-border adoption, i.e. international adoption. The international element can appear in subjects of adoption, i.e. with regard to their citizenship, domicile or habitual residence, and the place of adoption. The focus of the work is the legislative framework in Bosnia and Herzegovina for cases of international adoption, especially the situation of establishing the international adoption of a domestic citizen in Bosnia and Herzegovina and the situation of establishing the international adoption of a foreign citizen abroad in the service of child healthcare and child welfare. Considering the numerous challenges that exist in this matter, the existence of a complete and high-quality normative framework is a condicio sine quo non for successful and legally valid international adoption. In this context, and aware of the importance of the Hague Convention on Adoption from 1993 and the need to harmonize the legislation of Bosnia and Herzegovina with the acquis of the European Union and the comparative trends in comparative law, proposals for lege ferenda were made.

Glosa do wyroku Trybunału Sprawiedliwości Unii Europejskiej w sprawie C-644/20 z 12.05.2022 r. – zmiana miejsca zwykłego pobytu małoletniego wierzyciela świadczeń alimentacyjnych w sytuacji wydania wyroku nakazującego jego powrót w trybie Konwencji haskiej z 1980 r. dotyczącej cywilnych aspektów uprowadzenia dziecka za granicę

The gloss endorses the position of the Court of Justice of the European Union presented in the judgment issued in case C-644/20, in which the CJEU recognized – for the purposes of determining the law applicable in a cross-border maintenance case – the habitual residence of the child (pursuant to Article 3 of the Protocol Hague of 23 November 2007 on the Law Applicable to Maintenance Obligations) the country to which the child has been abducted despite a judgment ordering the return of the child under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction. The Court, bearing in mind the best interests of the child, recognized the need to take into account the current environment in which the child currently resides in the context of assessing the real needs of the maintenance creditor. Thus, the CJEU did not adopt the concept contained in Regulation 2201/2003, according to which the jurisdictional connecting factor based on the child’s habitual residence, in principle, cannot be linked to the country to which the child was wrongfully removed or retained.

LEGAL AND PSYCHOLOGICAL PERSPECTIVES ON PARENTAL RESPONSIBILITY AND SHARED RESIDENCE AFTER DIVORCE

The analysis of current trends in family dissolution indicates that the number of divorces has increased in the European Union in recent decades. And, as divorce rates are increasing year by year, so is the number of children affected. The courts, lawyers and parents themselves are faced with the dilemma of how to regulate family affairs, including relationships between parents and children so that they are most beneficial for the latter. One of the most important and challenging issues remains the habitual residence of the child after divorce. Today, shared residence is an increasingly popular solution among divorced parents and the courts in different European countries are starting to consider shared residence as a more viable option than before. The aim of the paper is to identify post-divorce parenting both from a theoretical and practical point of view. In the first part of the paper, the concepts of parental responsibility and shared residence are presented. Then, shared parenting after divorce is investigated in the relevant legal instruments supporting maintaining positive parent-child relationships. The last part of the paper is devoted to the advantages and disadvantages of shared residence in the light of psychological research.

Statelessness, Inability or Unwillingness to Return, and the ‘Country of His Former Habitual Residence’ as the Country of Reference for the Purposes of Article 1A(2) of the 1951 Convention relating to the Status of Refugees

Abstract In the case of persons ‘not having a nationality’, article 1A(2) of the 1951 Convention relating to the Status of Refugees provides that a claim to protection as a refugee must be made good by reference to the ‘country of his former habitual residence’ on the basis of being ‘unable or unwilling to return to it’ for a relevant reason. This article focuses on the rubric for qualification as a refugee for those ‘not having a nationality’. It addresses questions of interpretation, including the meaning of the phrases ‘not having a nationality’ and ‘country of his former habitual residence’; whether an individual may have multiple countries of former habitual residence; and, if so, how such cases are to be addressed, consistent with the Convention’s text and its underlying protective purpose.

How Does the Displacement of Natural Persons during War Influence the Applicable Law

In this article the authors analyse the consequences of displacement of natural persons during war, in the field of private international law. That displacement may affect the determination of applicable law if the factors to be taken into account include domicile, habitual residence, permanent residence, residence or sojourn of natural person. Apart from discussing the general understanding of these factors, we present the situations where a person has lost links with the country of his or her nationality because of the war but has not acquired strong links with any other country. All of the issues are discusses in the light of legal assistance agreements, EU law, and national laws.

친생자관계의 성립 및 효력의 준거법에 관한 입법론

This article aims to provide how to revise the choice-of-law rules in the Korean private international law act (hereinafter “KPILA”) for determining the law governing the establishment and effects of (biological) parent-child relationship. The main suggestions for the amendments proposed by the author are as follows: Considering that the substantive laws of most countries regarding parent-child relationships during marriage and outside marriage differ only in the requirements for the establishment thereof and have the almost same effects therein, there is no need to distinguish the law governing the establishment of parent-child relationship during marriage (connecting factors: the father or the mother’s law of nationality at the time of the child’s birth) and the same outside marriage (connecting factors: (i) for mother-child relationship, the law of the mother’s nationality at the time of the child’s birth; (ii) for father-child relationship, the law of the mother’s or the father’s nationality at the time of the child’s birth or the law of the child’s habitual residence at present; and (iii) for recognition, the law of the recognizer’s nationality at the time of recognition, in addition to the above mentioned (i) or (ii)). If so, it is necessary to provide alternative connection by combining all the connecting factors for determining the law governing the establishment of parent-child relationship during marriage and outside marriage, and add the law of the child’s habitual residence at the time of the child’s birth, which was excluded in the KPILA of 2001. It is desirable to alternatively connect the rebuttal of parent-child relationship to the same connecting factors as the presumption of parent-child relationship. Even if the law governing the establishment of parent-child relationship is uniformly stipulated, it is necessary to distinguish the recognition and provide the law of the child’s nationality at the time of recognition as an additional connecting factor. The KPILA stipulates that if the father dies before the birth of a child, the law of the father’s nationality at the time of the father’s death shall be regarded as his law of nationality in relation to the establishment of paternity during marriage. It is desirable to stipulate more broadly that in case of dissolution (including death of father) or annulment of marriage, the law of the father’s nationality at the time of dissolution or annulment of marriage shall be regarded as his law of nationality. Meanwhile, the effects of parent-child relationship are governed by the law of the child’s habitual residence in principle, but by the law of the child’s nationality exceptionally, if the father, the mother and the child have the same law of nationality. In light of the policy towards Koreans habitually residing in foreign countries and foreigners habitually residing in Korea, the exception needs to be amended so that parents and children living apart in different countries can only confirm their filiational ties. In addition, it is necessary to establish a general rule that a person’s name, as a matter of personal rights, is governed by the law of the person’s nationality so that the child’s last name is also governed by the law of the child’s nationality. In order to accept the attitude of the Hague Child Protection Convention, the law governing the effects of parent-child relationship shall not be subject to the remission (renvoi ). It is also desirable to clearly state that the so-called transaction protection provision in Article 29(1) of the KPILA can be invoked for the transactions performed by ex lege representative according to its authority, by way of specifying that it is excluded from the “acts under the kinship law” under Article 29(2) of the KPILA.

Primary Connecting Factors Considered by South African Courts to Determine the Applicable Law of International Contracts on the Sale of Goods

Issues on choice of law are sometimes very complex, and the resulting outcome may be determinative of most litigations. This is especially true where the litigation concerns cross-border transactions involving states with diverse laws and different legal traditions. Thus, it is important for parties to be able to accurately predict the applicable law of their international sales contract in advance to enable them to plan the activities relating to their contracts with certainty. The existence of uncertainty with regard to the applicable law in most legal systems (especially at common law) makes it difficult for contracting parties to plan or resolve disputes that may arise from their commercial contracts, either by themselves or by the court. This situation is an unpleasant one which presents an undesirable state of affairs to the business world. At common law, although it is true that the legal certainty required with respect to the applicable law of international commercial contracts can be achieved by a choice of law clause, it should be noted that most of such contracts do not contain this clause. This article attempts to contribute to existing literature on choice of law for contract in South Africa and also provide solutions, based on the underlying principles of private international law of contract, that effectively address the uncertainty in this area of law. To achieve its task, the article examines the various connecting factors considered by the South African courts in determining the applicable law (also, the proper law or governing law) of international contracts in situations where the parties do not insert a choice of law clause in their international contracts for sale of goods. The factors considered in this regard include the place of conclusion of contract, domicile, habitual residence and place of performance. These factors, in most situations, serve as the primary connecting factors considered by the courts in arriving at an answer with regard to the objective proper law/applicable law of an international sale contract (and other international commercial contracts) in South Africa. Further, the article examines why it is important for South African courts, and common law courts in general, to even go through the exercise of determining the applicable law in matters of international commercial disputes and not simply rely on the lex fori in dealing with such litigations (since, a lex fori approach might be much easier).

재산관계에 관한 국제재판관할법의 2022년 개정

In creating the new rules on international jurisdiction created in 2022, the drafters put an emphasis and focus on patrimonial matters. This led to an effort to provide for detailed and sophisticated rules as far as practicable. The legislative model was found in the 1999 Hague Preliminary Draft and the 2005 Hague Choice of Court Convention. So the new rules follow the continental European style of legislation. Concise provisions without detailed clarification were preferred.
 Naturally, the drafters sought to strictly limit each basis of jurisdiction, so as to stay away from exorbitant jurisdiction. Particularly notable is the broad limitation imposed on the place-of-performance jurisdiction for contract cases (Art. 41). A strict limitation was also introduced on the jurisdiction over related claims when they are filed against different defendants (Art. 6(2)).
 However, legislative clarification was not made throughout the amendment. In some places, the drafters minimized the breadth of legislative resolution and chose to defer difficult issues to interpretation. The prime example would be the criteria for establishing a habitual residence. Further limitation to tort jurisdiction at the place of harm, other than the condition of predictability, is also left to the academia and the courts. Establishing the rules of jurisdiction for internal matters of a trust was wholly left as a future task. Notwithstanding this legislative vacuum, the settlor should be allowed make a unilateral choice of forum, although this will be a point of debate.
 In some heads of jurisdiction, the drafters chose to expand the available grounds of jurisdiction, rather than trying to limit them. Justification was found in the realistic considerations and being an autonomous legislation. In this connection, particular attention was paid to the rules of internal jurisdiction provided in the Civil Procedure Act and the rules of international jurisdiction provided in the Japanese Civil Procedure Act as amended in 2011. Special jurisdiction at the place of “continuous and systematic activity” was newly introduced (Art. 4, para. 2); jurisdiction over related claims between the same parties was also preserved (Art. 6, para. 1); the bases of jurisdiction over counterclaims were even expanded, so that a connection with the defense will generally suffice (Art. 7); forum patrimonii as restricted by the “substantial connection” test was also preserved, taking into account the convenience of enforcement (Art. 5 ii); the place-of-performance jurisdiction was broadly preserved in the case characteristic performance is clearly defined (Art. 41, para. 1); contract jurisdiction is to be upheld without limitation at the place of performance (Art. 41, para. 2); no particular limitation is imposed on the contractual agreement over the place of delivery (Art. 41, para. 2), leaving open the possibility of allowing a fictitious agreement to some degree. The new law also sought to provide for sufficiently wide-ranging set of jurisdictional bases for special jurisdiction for contracts in intellectual property (Art. 38) and that for infringement of intellectual property (Art. 39).
 Forum patrimonii as limited by the substantial connect test (Art. 5 ii) and the forum non conveniens provision (Art. 12) deserve special attention, in that they leave a large room of discretion to judges. The two provisions has a potential to function positively by introducing flexibility. Meanwhile, they may end up hindering the interpretive development of sophisticated standards and greater uncertainty.
 Forum patrimonii, even functioning under the constraint of the “substantial connection” test, should only remain a final resort and play its proper function. An excessive use of this basis will cause stagnation of the further development of the Korean law of international jurisdiction, and will practically cause difficulty in having Korean judgments recognized and enforced abroad

The Lex Specialis Regime Pertinent to Palestinian Refugees

Abstract The passage of over seven decades, coupled by consistent practice of States, has triggered the emergence of a distinct international legal regime for Palestinian refugees. Unlike the majority of contemporary refugees, Palestinians ‘refugeehood’ would not end pursuant to the acquisition of other citizenship(s) or by gaining protection akin to citizens in host States. Given their distinctive situation, individuals in this group, whose refugee status is intertwined to that of a prolonged denial of the right to self-determination, continue to be entitled to the right of return in their homeland in pre-1948 Palestine, namely either the State of Israel or the new State of Palestine within the 1967-occupied territory, depending on the original place of habitual residence of each individual or his/her ascendants before flight. In short, international law has generated a lex specialis regime for Palestinian refugees, which provides either equal, or heightened, protection and is in no means inferior, to other refugees.

Does Aleutian Disease Occur among Domestic Ferrets in Poland? Results of Preliminary Studies Conducted in Two Regions of Poland.

Simple SummaryAleutian disease (AD) is a well-known viral disease among mink breeders; however, it has the potential to transmit to other species, including ferrets. There is little research on the presence of AD among ferrets, especially those kept as house-pets. Our study determined the percentage of actively infected animals and those that had specific antibodies to the AD virus. Among the animals studied, we also had those that had contact with minks with confirmed Aleutian disease. The results allow us to conclude that although the virus is present in the Polish ferret population, it rarely causes a fatal disease, rather causing non-specific symptoms. We believe that future studies involving a larger number of animals, as well as more accurate testing methods, will allow us to determine more accurately how serious Aleutian disease is among ferrets.Although ferrets are becoming increasingly popular as companion animals, their population in households is still far lower compared to cats or dogs. This results in a much smaller number of ferret specialists, and thus poorer diagnosis of various diseases, including the Aleutian disease. Aleutian disease is a slowly progressing viral disease which can cause different symptoms in these animals. The virus can also cause symptoms in different species of animals, but in the case of ferrets, there is relatively less information on about both the prevalence and symptoms of this disease. Therefore, the aim of this study was to determine the presence of antibodies and the virus itself in ferrets from two regions of Poland. Blood samples and rectal swabs were obtained from 61 domestic ferrets from Mazowieckie and Dolnośląskie voivodships. The presence of antibodies was determined using serological methods and real-time PCR analysis was performed to determine presence of viral DNA. Serological analyses demonstrated that 49% (n = 30) of the ferrets had antibodies against Aleutian disease virus (ADV). No relationship was observed between the prevalence of antibodies and age, sex, habitual residence or origin of ferrets. The real-time PCR did not confirm DNA of the ADV in any of the blood and rectal swab samples. Obtained results suggest that ADV circulates in the analyzed population of ferrets, therefore further studies in this direction should be carried out.

Evolving Trend of Domicile and Nationality in Private International Law with special reference to Nepal

Understanding the domicile and nationality is the key to properly adjudicating a case involving a foreign element by the judiciary. In this milieu, this paper aspires to analyse the concept of domicile and nationality with its evolving trend and evaluate the Nepalese judicial and legal policy on domicile and nationality through observation of international and local practices. Furthermore, this paper aims to trace the current policy gap in the legal and judicial interpretation of the domicile and nationality in the Nepalese context, including the citizenship bill. The paper concludes that connecting factors need to be used contextually on a case-to-case basis with proper policy genesis. It also prescribes key recommendations to address existing gaps, such as interpreting the habitual residence and nationality, domesticating the various Convention on the PIL such as Hague Conference on PIL, Law Applicable to Matrimonial Property Regimes, 1978, Celebration and Recognition of the Validity of Marriage, 1978, etc.