Legal Separation Research Articles

Recent debates on wife’s right to judicial separation: an analysis of the traditional and modern interpretations of Muslim family laws in Pakistan

Recent debates on wife’s right to judicial separation: an analysis of the traditional and modern interpretations of Muslim family laws in Pakistan

The EU Divorce Jurisdiction of Brussels IIB Regulation and Its Implementation in Austria

To accommodate the needs of its citizens in building relationships across borders, the EU has provided several regulations. Since its first establishment in 2000, the EU regulations on divorce and legal separation jurisdiction have been amended twice. There are some significant changes in this jurisdiction, from its original regulation in 2000 to its amendment version in 2003 up to the current version that was established in 2019. This paper tries to investigate the implementation of the current ruling EU instrument in Austria through three approaches by evaluating: 1) the infringement cases, 2) preliminary ruling proceedings, and 3) further official actions conducted by Austria. It can be concluded that Austria has never been accused of any infringements of the three regulations. The court judgments of the two proceedings of preliminary ruling submitted by Austrian courts concerning Brussels IIA Regulation are also in accordance with the regulated law of EC No 2201/2003. The establishment of an introductory decree on the summary and legal explanations of the Council Regulation EU No 1111/2019 by Austria is a very good practice that can be adopted by other EU member states. Therefore, this paper suggests that Austria has effectively implemented the 2019 EU instrument.

Property Separation. Responsibility of Heirs as a Case Study

The paper is devoted to the problem of legal separation of the testator’s property from the property of the heirs. The legal separation of property is understood as giving it a specific legal regime, including the division of property into different pools of assets owed to different creditors. In the comparative legal aspect, the author examines the practical advantages and disadvantages of various models of legal separation of inherited property or the absence of separation. The paper analyzes the problems of Russian regulation of the liability of heirs: the legislative certainty of the liability model; the perception of this model by judicial practice and doctrine; the fairness of the current distribution of risks of insolvency and destruction of inherited property between creditors of the heir and the testator; features of bankruptcy of the estate. Using the case of inherited property, general conclusions are formulated concerning the phenomenon of detached property as an independent phenomenon of civil law, different from the institution of limited liability and the phenomenon of a legal entity.

Początki procesu wyodrębniania się zawodu radcy prawnego w pierwszej dekadzie Polski Ludowej

The roots of the attorney-at-law profession are seen in the 16th-century professions of syndicates and instigators. The attorney-at-law posts appeared in Poland in the 19th century. These posts were occupied mainly by advocates. Attorney-at-law, as a new legal profession, began to separate from the advocacy after World War II, during the period of the Polish People’s Republic. It was facilitated by the introduced model of a centrally controlled socialized economy. The process of separating the attorney-at-law profession was long. The full legal separation took place in the 1980s. However, the phenomenon of the professional distinctiveness and identity of attorneys-at-law emerged in the 1950s. The article focuses on the beginnings of the process of separating the attorney-at-law profession and indicates the key factors that led to this.

The Hague Convention on the Recognition of Divorces and Legal Separations 1970: an effective mechanism for regulating divorce as between the UK and the EU post-Brexit?

Abstract This article examines the potential of the 1970 Hague Convention on the Recognition of Divorces and Legal Separations to act as a replacement for Brussels IIa in regulating international divorce as between the UK and the EU. The article proceeds in two steps: first, there is a doctrinal analysis of the 1970 Hague Convention and of its merits and demerits by comparison with Brussels IIa, and secondly, there is a discussion of empirical research undertaken at the University of Aberdeen in conjunction with partner universities in six EU Member States, examining the practical utility of the Convention in Contracting States, and the treatment of international divorce in non-Contracting States. Insofar, as the 1970 Hague Convention is currently applicable in only 12 out of the 27 EU Member States, the article also discusses the likelihood of EU-wide adoption of the Convention. The article concludes that the 1970 Hague Convention has aged relatively well and, on the whole, offers a satisfactory alternative mechanism for the regulation of international divorce in the UK-EU context; however, the article also acknowledges the liberalism of many existing national laws on divorce recognition, suggesting that EU-wide adoption (if it occurs) might not have a very significant impact.

Право политической борьбы

The ongoing integration of four new regions admitted into the Russian Federation in 2022 resulted in a political and legal separation from foreign influence. As a result, the role of political parties as participants in the political process has increased. Political parties possess multifaceted competencies, but the most relevant approach is the one that consolidates their rights for the purpose of systematic implementation. This article introduces the concept of the right to political struggle as a single comprehensive right of political parties. The research featured constitutional and legal documents that determine the status of political parties, as well as related doctrinal studies. The research objective was to develop a theoretical and legal justification for vesting political parties with the right to political struggle. The other goal was to determine the legal nature and content of this right in the legal science. The interdisciplinary approach involved the methods of politics, sociology, and military law to determine the legal content of political struggle. Other methods included formal logic and systemic analysis of legal phenomena, the formal legal method, and the historical-legal method. The resulting concept of the right to political struggle implemented by political parties covered the rights to participate in elections and referendums, to shape and express the political will of citizens, and to participate in the activities of public authorities. The new approach can be of theoretical importance for further studies of political parties.

Вогнепальна зброя як об’єкт спільної сумісної власності подружжя при розподілі майна

Ukraine is a democratic state governed by the rule of law, that is, one whose legislation should maximally respect the fundamental rights and freedoms of a person and a citizen. In any time, and especially as difficult as now, it is important to have effective functioning of all possible ways to protect and implement these fundamental rights. It is important in our time to observe the right to a fair trial. Yes, many cases are resolved in court, but recently cases about the distribution of property have become widespread. Family law cases involve many important legal issues such as divorce, legal separation, property and debt division, child custody and visitation, child and spousal support, business valuation, health and life insurance, tax implications, parenting and pensions . Problematic issues in cases about the distribution of property of spouses, acquired under the right of common co-ownership during the period of marriage, appear more and more often in modern judicial practice. Thus, a husband and wife who have expressed a desire to dissolve their marriage are not always able to voluntarily agree on the division of property on their own. Therefore, a large number of such cases are resolved in court, and quite often controversial issues arise that are not always regulated by current legislation. An interesting issue is the distribution of weapons acquired during marriage. In many of these situations, you may think that having the gun registered in your name is all that is needed to preserve ownership in a divorce. Unfortunately, this is not the case. Even if each of your firearms is registered in your name alone, this will not affect the final asset distribution decision made by the court. If the weapon was purchased during the marriage, it will be considered joint property regardless of the registration documents. Therefore, a weapon cannot be considered an object of individual use by one of the spouses, and therefore is not personal private property.

이혼에서 파탄주의로의 전환 필요성과 법률개정 방안

In Korea, the Japanese Civil Code was used during the Japanese colonial period, and the Civil Code, a translation of the Japanese Civil Code, was applied until the Korean Civil Code enacted in 1958 was enforced in 1960. The Korean Civil Code is very similar to the Japanese civil law, and the number of articles is significantly smaller and lacks specificity compared to the civil laws of many Western countries. In the case of the divorce law, the deficiencies of such legislation are being supplemented by the interpretation of the courts. Divorce laws in the West, such as Germany, England, France, and the United States, have been revised in the direction of protecting the rights and interests of the parties through numerous historical changes and discussions since the 19th century. Based on the history of changes in various Western countries, Korea will also need to revise the civil law in the direction of fulfilling the state's constitutional duty to protect marriage and family life.
 Through counseling before marriage and divorce, the marriage and family system should be strengthened, and counseling and other educational programs should be activated so that a recoverable family can be saved. In order to minimize conflicts in a marriage relationship that has already been irretrievably broken and exists only legally, no fault divorce based on separation for a certain period of time should be introduced. And in order to protect innocent spouses and children who do not want to divorce, marriage should be terminated only if protective measures or agreements for innocent spouses and children are included in the divorce ruling, and divorce should not be allowed if the divorce threatens to cause economic, social and psychological difficulties for them.
 In addition, if legal separation system where the obligation to cohabit is exempted and a marriage is deemed to have broken down after a certain period of separation is established, I think it can serve as a buffer zone to encourage reunion after separation and also as a gateway from marriage to divorce. The legal separation system can alleviate the impact of divorce, and has an economic effect almost similar to divorce, except that the marriage relationship is legally maintained, so the parties can attempt reconciliation while stably separating for a certain period of time.
 I think it is desirable to unify the divorce procedure by incorporating the divorce by agreement system into the judicial divorce procedure to ensure that the rights and interests of the divorced parties are fully protected. As with the divorce laws of many countries that adopt no fault divorce, even if there is mutual consent to divorce, divorce must be conducted through a trial and should be granted only after court approval of an agreement regarding children and the financial effects of the divorce. Additionally, if a couple with minor children wants to divorce by agreement, counseling should be mandatory.
 In addition, according to the Supreme Court precedent, Korea's property division system has the main purpose of distributing the actual common property acquired during marriage, and the supportive nature such as consideration for the other person's livelihood security is added. Since the current support system is insufficient to protect spouses with poor economic status in that the system is not provided by law, a separate support system after divorce should be prepared like in many Western countries.
 As pointed out by the Supreme Court's ruling in 2015, the fact that the spouse responsible for breakdown of marriage is not allowed to file for divorce is also intended to prevent the other spouse from being expelled by the spouse in the bigamous relationship.

Separation between spouses for absence in Islamic jurisprudence and laws of GCC countries A comparative jurisprudence study

The issue of spouse separation due to the husband's absence is a topic deserving research due to its significant impact on people's lives, particularly in their pursuit of livelihood and the consequent separation from their families and homelands. This issue is also relevant to circumstances involving forced separations due to public calamities or legal systems in some countries. The primary objective of this research is to shed light on the perspectives of faqihs (jurists) regarding this matter and to elucidate the regulations governing personal status in the Arab Gulf States. The study commences with an introductory section, followed by the definition of absence and disagreements, along with an examination of their justifications for the legal separation of spouses. It also delves into the types of divisions that may result from such separations. Furthermore, the study outlines the provisions incorporated within the personal status laws of the Gulf States. In conclusion, the research encapsulates its key findings and recommendations. One of the noteworthy recommendations involves conducting a review of personal status laws in light of recent developments. Additionally, it is advised to consider extending the duration of allowable husband's absence when estimating separation length.

Grounds and Methods of Acquiring Immovable Property Ownership in the Context of Recent Changes in Civil Legislation

The analysis of subjective civil rights doctrines allows us to conclude that there are several levels in their structure. Some theories initiate the process of acquiring the right, others finalize it. Most concepts (the concept of general and specific prerequisites for the emergence of the right, the concept of a legal fact structure, the concept of juridical composition, the concept of facts-states) are based to some extent on this division. From these positions, the author differentiates between the concepts of «emergence» and «acquisition» of a right, as well as the grounds and methods of acquiring property rights, where the basis is a prerequisite for the emergence of a right, and the method means actions aimed at acquisition. Grounds and methods cannot independently generate rights and obligations.A critical assessment of new grounds and methods of acquiring ownership of real estate from these theoretical standings made it possible to exclude the possibility of recognizing the «right of claim» enshrined in the law as a method of acquiring ownership to a land plot. Attention is drawn to the appearance of a number of categories that the law-maker fails to explain (the relevant real estate, the formation of an immovable thing, etc.), but the content of which has serious legal consequences. An attempt is made to differentiate the concepts of creation and formation of an immovable thing on the basis of the originality and derivation of the acquisition of ownership, where creation is the original method, and formation is a derivative, which entails not only the emergence of ownership of a new object, but also the termination of rights to the existing right. An assumption is made about the possibility of distinguishing the categories of creation and formation depending on its physical and legal element where creation is characterized by the appearance of an object in physical (material) embodiment, and formation means a legal separation (spinning-off0. The author argues that it is not possible to differentiate these categories without adjusting the legislation. The author justifies amendments to the Civil Code of the Russian Federation, as a result of which formation can be considered as a new derivative method of acquiring real estate ownership.

New Aspects in the Regulation of International Divorce: Council Regulation (EU) 2019/1111 of 25th June 2019 on Jurisdiction, Recognition, and Enforcement of Judgments in Matrimonial Matters and Parental Responsibility and on International Child Abduction

A reform that refers to two essential directions in civil matters was required along with the application of the principle of free movement in a modern and flexible manner. The amendment of Regulation (EC) no. 2201/2003 was carried out in the direction of divorce, legal separation, and annulment of marriage. The second direction considers the assignment, exercise, delegation and total or partial withdrawal of parental responsibility. The amending regulation clarifies the right of the child to be given the opportunity to express his opinion in the proceedings of which he is the object and contains provisions that complement the Hague Convention of October 25, 1980 on the civil aspects of international child abduction in relations between states EU member.

A COMPARISON STUDY OF HUSBAND AND WIFE SEPARATION

A legal separation is a court-supervised arrangement that allows couples to live separate lives. This is usually by living apart. The court directs financial obligations, child visitation, and child support.Islamic countries, such as Brunei, prefer divorce to separation. Divorce is frowned upon by the religious system. Separation procedures are often similar to separation procedures.In Korea, the law focuses on separation. The law governing separation is a minor version of the separation law. In Japan, separation is not allowed. However, nullifying marriage is provided for in law. Couples who want to separate must navigate the law to establish grounds for separation. This paper compares some aspects of separation between husband and wife in Korea, Japan, and Brunei. It provides instances of how couples in the mentioned countries have been able to use the law to separate. In an Islamic country such as Brunei, separation is preferred to divorce because divorce is frowned upon by the religious system. Separation destroys the normal flow of finance and financial management among families and may tamper with the everyday life of the affected.Separation is mainly treated as a step before the divorce. Therefore, most legal procedures attached to separation involve property division, financial obligations, child visitation, and child support. Consequently, separation procedures are often similar to separation procedures. In Korea, the law focuses on divorce. However, couples should create an agreement that outlines how they will support their children and how they will access them.The complexities and dynamics of marital relationships and families established through institutional marriage pose a significant challenge to family law. Despite the reforms in Korean Family Law, there still exist legal limitations and controversies which the law has not been able to address effectively.

“Can Men Have Hearts?”: Susa Young Gates's Divorce, 1878

“Can Men Have Hearts?”: Susa Young Gates's Divorce, 1878

Soldiers of God in a Secular World: Catholic Theology and Twentieth-Century French Politics. By Sarah Shortall

In recent decades, France has figured prominently in international debates on secularism (laïcité) and religion, for instance with respect to its ban on religious iconography in public schools. Following the legal separation of church and state in 1905, this once predominantly Catholic country became increasingly irreligious over the course of the twentieth century. At present, French Republicanism itself is a strident secular belief that tends to accuse religious believers of divisive “communitarian,” subnational commitments. Such ongoing anxieties about traditional religion are rooted in the fact that Catholicism has long been a dominant political and cultural force. If the gradual ascendency of Republican laïcité is familiar, less well-known is how theologians and religiously committed thinkers came to terms with separation. Such is the neglected story that Sarah Shortall tells in her original and engaging reconstruction of French Dominicans and Jesuits from the early 1900s through the Second Vatican Council during the 1960s. Once the victory of anti-clerical politics of the early Third Republic (1870–1940) was assured, French Catholics had a choice: they could pine for yesteryears when they had been in charge, or they could come to terms with the fact that the ground had shifted. For some, secularity provided an opportunity to revisit Christian traditions and rethink theological categories. Loss became an occasion for revival. Shortall argues that a coterie of French priests, some of whom eventually got in trouble with the Vatican, imagined ways of being in not of the world; that is, of being religious in the public sphere without having to fully embrace the saeculum. Such visions, says Shortall, amounted to a “counter-politics,” positions from which secular powers could be criticized in light of sacral time, the incarnation, soteriology, eschatology, and so forth. Innovations came from rereading Thomas Aquinas or reviving Patristic and Augustinian perspectives against the rote authority of neo-scholasticism. In the interwar era, Jacques Maritain theorized the notion of the human person, and “New Theologians” such as Henri de Lubac formulated ecclesiology in terms of a collective mystical body of Christ. Both were opposed to contemporaneous alternatives such as the royalist Action Française, which, nostalgic for a bygone era, sought to reboot theocracy and was condemned in 1926.

“Under the Whip” or Marital Violence, Cruelty and Drunkenness: Defining the Boundaries of Judicially Intolerable Marital Behaviour in the Cape Supreme Court, 1890–1900

“Under the Whip” or Marital Violence, Cruelty and Drunkenness: Defining the Boundaries of Judicially Intolerable Marital Behaviour in the Cape Supreme Court, 1890–1900

The Clothing of a Regency Poet, Lord Byron (1788–1824): A Period of Exile 1816–1824

In 1816, following the failure of his marriage and the establishment of a legal separation, Lord Byron left London for continental Europe. He finally settled in Italy for the longest period (1817–1823) before involving himself in the Greek struggle for independence from Ottoman rule. He would die at Missolonghi in 1824, not from any battle wound, but from disease and debility. This article examines the constant traits in his habits of dress, his dandyism and a preoccupation with his personal military wardrobe. One of his surviving military jackets is presented in some detail and the contents of the Inventory of his belongings made after his death at Missolonghi are considered for what they reveal about his style of dress, and his self-image. This is the second of a two-part study of Lord Byron’s clothing narrative, which in its conclusion summarizes the features which characterized his dress habits in adulthood.

Research Paper on Law relating to maintenance in India with special reference to Uniform Civil Code

The humanistic approach to society and personal morality is at the foundation of the benevolent maintenance jurisprudence. The word "maintain" comes from the French word "maintenir," and in Latin, "main" is the same as "manus," which means "hand," and "tenir," which is the same as "tenco," which means "to hold," or to lend a hand to someone who needs it. Food, clothing, shelter, and medical attention are all included in the definition of maintenance. It refers to the provision of necessities for existence; a source of support. In terms of marriage law, maintenance refers to the arrangements for necessities and comforts of life, such as clothing, housing, food, education, and medical care. It is the term used to refer to the weekly or monthly payments that may be mandated by a divorce or nullity decree in order to provide for the spouse's maintenance and support during the course of the couple's joint existence. Similar provisions for the benefit of the kids, such as maintenance, may be made in divorce, nullity, judicial separation, or restitution of conjugal rights proceedings. 2 The Hindu Adoption and Maintenance Act, 1956, defines "maintenance" as follows: "Maintenance" includes I in all circumstances, provisions for food, clothing, housing, education, and medical attendance and treatment; (ii) in the case of an unmarried daughter, also the reasonable costs of, and incident to, her marriage. The maintenance of many parties is provided for by our Indian laws. This personal duty to pay maintenance results from the parties' relationship. The wife, children, and elderly parents are among the parties who are entitled to support. The wife's claim to maintenance is a byproduct of her marital status. The wife has the right to be supported by her husband for the rest of her life under this private responsibility that results from the institution of marriage.

The causes of the Rising incidence of domestic violence in Nigeria: Proposing Judicial Separation as a Panacea

The increase in domestic violence in Nigeria has become overwhelming. However, the death of Osinachi Nwachukwu (a popular gospel artist singer), which has been linked to domestic violence, prompted the discussion of domestic violence to be more pronounced. Although several laws and institutional bodies are set up to curtail the incidence of domestic violence, there seems to be an increase in the monster in Nigeria. In this regard, this study adopts a hybrid method of research to ascertain the causes of the current increase in domestic violence in Nigeria and proposes judicial separation as a panacea. In this regard, various literature and laws were analysed concerning the suitability of judicial separation as a panacea in curtailing domestic violence. Furthermore 350 questionnaire was distributed to respondents to ascertain the causes of the current increase in domestic violence and possible solution. The study, therefore, found that alcohol abuse, psychological disorder, economic hardship, and traditional belief are some of the causes of the current increase in domestic violence in Nigeria. The study also found that judicial separation could be a viable legal tool to curtail domestic violence, given that it preserves the status quo of the marriage. Therefore, the study concludes and recommends that victims of domestic violence should open up and embrace the concept of judicial separation.

Recognition and Enforcement of Foreign Divorce Judgments in India and Nepal: A Comparative Analysis

Abstract The increased presence of diaspora has resulted in many South Asian women marrying and migrating to the West. Such cross-border/transnational marriages have also resulted in copious judicial disputes presented in Western jurisdictions. The definitive resolution of marital disputes necessitates a well-defined mechanism for the recognition and enforcement of foreign judgments. Clear legal provisions dealing with recognition and enforcement of foreign divorce judgments are significant in determining a person’s legal status, which has instantaneous and future legal implications concerning property and succession. Despite the codification attempt at the international level by the Hague Conference on Private International Law, India and Nepal have not become parties to the Convention on the Recognition of Divorces and Legal Separations. Both countries have adopted different approaches and principles to deal with recognising foreign divorces. This article examines the legal position of recognising and enforcing foreign divorce judgments under the Indian and Nepalese Legal frameworks and contextualising its position in the global context.

Guest editorial: Historical perspectives on corporate governance debate and introduction to the special issue on corporate governance and sustainability

PurposeThe purpose of this study is the development of an integrated framework between corporate governance and sustainability, based on the advancements within the field of contemporary governance leading to a renewed focus on sustainable development.Design/methodology/approachIn this paper, the authors provide succinct summary of the evolution of corporate governance over the past century from an historical perspective: starting with the early work of Berle and Means – which focuses on the legal separation of ownership and control – and the subsequent challenges within this framework – all the way to analyzing the major impact of Nobel Laureate Milton Freidman’s work on corporate goals and governance. The authors' approach identifies the key transformation of corporate goals and corporate goals' paradigm shift in progression and focus within corporate houses over time, including how these are approached in the present day by integrating the concept of primacy of all stakeholders. The authors relate this to contemporary developments in the Business Round table and the United Nations’ adoption of the 2030 Agenda for Sustainable Development Goals. The authors also identify specific corporate governance themes within global economic forums, as well as the critical interlinkages needed by all global corporations to achieve sustainable growth.FindingsThe primary objectives of the corporate governance themes adopted by global economic forums this decade are in the best interest of all stakeholders – including customers, employees, regulators, local communities, and shareholders. This applies both during periods of relative stability and during crises. A review of the good corporate governance relies on internal mechanisms such as the structure of a board and incentives for management, and on external mechanisms such as institutions that demand accountability. All these mechanisms are important as the mechanisms form the core of how (and for whom) corporations generate value. Ultimately, optimal corporate governance can help deliver both economic gains and societies that value all.Practical implicationsWith globalization, the public has higher expectations from corporate CEOs than in the past. Corporate leaders have the ultimate responsibility for creating an organizational culture that supports trust and ensures that corporate leaders' management and employees embody and act on the stated values and mission of their organization. Areas of increased social expectations that require the attention of boards of directors include diversity, transparency, equal opportunity, and eliminating all forms of harassment.Originality/valueThis study identifies a viable agenda for global corporations based on concurrent developments to achieve sustainable development and growth. The recent related research work is also presented.