Traditional Law Research Articles

국제인권규범을 중심으로 한 젠더 기반 폭력(Gender-Based Violence)에 관한 연구

Gender-Based Violence against women is one of the most prevalent problems in most countries around the world. The issue of gender-based violence against women is related to the principle of constitutional equality, which guarantees equal rights for men and women, and the principle of non-discrimination, which prohibits discrimination on the basis of gender. In particular, violence against women can be considered gender-based violence because it is often caused by structural discrimination that goes beyond the usual criminal case. The case analyzed in this paper, P. and S. v. Poland, decided by the European Court of Human Rights in 2012, is significant because it is a relatively recent decision that addresses constitutional issues related to gender-based violence: the right to abortion, the prohibition of torture, the right to liberty, the right to respect for private and family life, the right to a fair-trial, the right to freedom of thought, conscience, and religion, and the principle of non-discrimination. The ECtHR found that the State's actions in relation to the applicant P. in this case fell short of the minimum measures required by Article 3 of the European Convention on Human Rights and that she had been subjected to inhuman and degrading treatment. It also found that the deprivation of liberty by separating her from her parents and placing her in an institution was incompatible with Article 5 § 1 of the ECHR. The ECtHR also found that information concerning the sensitive private life of P. and her mother S. had been disclosed and that this disclosure could not be legally justified, thus concluding that Poland had violated Article 8 of the ECHR, as alleged by the applicants. However, no finding was made as to whether P. and S.'s negative freedom of religion could have been substantially violated in this case. In conclusion, it can be seen that, despite various efforts, the obligations to protect women from violence in family and social life are not adequately fulfilled by law. This is not a problem unique to Poland. In many countries, there is still a gap between traditional values and laws. It is hoped that this ruling will bring about a shift in the perception of gender-based violence.

Inheritance and Heirs in Roman Law: Impact on Modernity

Introduction. The article examines the main provisions of the Roman legal tradition on inheritance in the context of the development of modern legislation in the field of regulation of hereditary legal relations. The article consistently examines the trends in the legal regulation of hereditary relations in the ancient Roman state, both in relation to the normative content of legislation and in relation to the evolution of individual legal means. Using the example of individual institutions of inheritance law – the inheritance contract, unworthy heirs – the article demonstrates the influence of Roman law on modern Russian legislation. An urgent issue for consideration is also the separation of hereditary property, which was solved in a peculiar way in Roman law. The question is raised about the possibility of adapting certain elements of the Roman legal tradition to the modern conditions of the development of hereditary legal relations.The article is based on the analytical approaches generally accepted in the doctrine of private law to understanding the nature of hereditary relations in ancient Roman legislation, based on commonly used terms. The analysis of inheritance in Roman law is based on historical sources (Digests, Institutions).The hypothesis of the article is to recognize the decisive influence of the main legal structures of ancient Roman legislation on the modern inheritance law of the Russian Federation.Materials and methods. The methodological basis of the study was the tools of the general scientific apparatus and special legal methodology. The article uses the historical-legal, formal-legal, comparative-legal method. The general scientific methodology is represented by the method of analysis, the formal-logical method, the dialectical method.Results of the study. As a result of the analysis, it was revealed that Roman private law is a unique historical and legal phenomenon that had a decisive impact on the development of the legislation of the states of the continental legal system on inheritance. The influence of the legislation of Ancient Rome on inheritance and heirs on the civil law of the Russian Federation, in particular the institution of unworthy heirs, where the unworthy heir initially had a positive appearance, and subsequently lost this status due to misconduct, is demonstrated. The current trends in the development of modern legislation of the Russian Federation on the inheritance contract, on separate hereditary property in the context of the influence of key ideas of Roman jurisprudence are considered.Discussion and conclusion. The influence of the legislation of Ancient Rome on inheritance and heirs on the civil law of the Russian Federation is also obvious. The influence of the Roman private law tradition on the civil legislation of the Russian Federation is considered in the context of the reception of universal hereditary succession, as well as the features of singular succession.The doctrine of hereditary succession is organically formulated by the civil law of the Russian Federation and has been further developed. The key elements of the modern system of inheritance law make it possible to overcome the limitations of the classical Roman legal tradition and ensure that legislation complies with current trends in the development of hereditary legal relations of individual institutions of inheritance law - inheritance contract, unworthy heirs, separation of family property.

Keharusan Baralek Sebagai Syarat Akad Pernikahan Dalam Masyarakat Nagari Sungai Nanam Kab. Solok

Abstract. Abstract. The research objective in this study is to look at community customs in maintaining the baralek tradition so that the implementation of baralek is used as a condition for marriage contracts in the Sungai Nanam community, Lembah Gumanti District, Solok Regency. Formulation of the problem of how the baralek process is carried out and looking at the necessity of baralek and looking at the impact of Islamic law on the necessity of baralek in the Sungai Nanam community, Lembah Gumanti District, Solok Regency. Type of field research (field research. Data collection techniques through observation, interviews and documentation. The results of this research are: first, the procession for implementing the baralek obligation in the Sungai Nanam community was initially carried out with manyilau, after that the procession of proposing marriage, mahanta siriah, balatak tando, new marriage contract Entering the baralek procession, the factors that require the implementation of baralek are customs, social status, economics and education. According to traditional Islamic law, the requirement to carry out baralek as a condition of the marriage contract in the Nanam River community is included in the category that is more detrimental because after the implementation of baralek there is a debt that must be incurred. paid by the family and the bride and groom can be classified as 'urf-fasid if it is done excessively.

Parent-Subsidiary Responsibility in the Development of Multinational Enterprises

As a core subject in the current international market economic activities, the parent-subsidiary company not only plays an important role in the development of multinational enterprises themselves, but also plays an important role in the bonding of cooperation between countries. However, the limitations of the traditional corporate law governance model, especially the limited nature of liability, make multinational corporations in the actual operation of many problems. Among them, the issue of responsibility sharing between parent and subsidiary companies is still one of the core issues that need to be continuously focused on at this stage, because the assumption of responsibility by parent and subsidiary companies not only has an important impact on the development of the international market economy, but also pays direct attention to the acquisition of creditor's interests. Through comparative research, historical research, and other research methods, the issue of responsibility-sharing among parent-subsidiary companies of multinational enterprises will be studied. The role of the corporate veil piercing system in responsibility-sharing will be analyzed based on domestic and foreign legislation and judicial experience. The aim is to identify a responsibility-sharing approach that promotes the development of multinational enterprises while safeguarding the interests of creditors.

Sacred forests in the Western Highlands Cameroon: What benefits for local population and nature?

The sacred forests of the Western Highlands Cameroon are, like other forests, a reserve of plants and genes, both known and unknown. They are privileged places for communication with ancestors. They provide significant environmental and socio-economic benefits; despite the pressure they are increasingly coming under. The aim of this study is to categorise the different uses of the sacred forests of Bafou, Baleveng and Bamendou, and then to assess the carbon stock of the woody plants in these forests. A survey form was used to record the various benefits derived by local people from the sacred forests. Individuals were counted in 30 m x 100 m plots. All individuals with a diameter ≥5 cm at 1.30 m above ground were considered. Carbon sequestered by forests was estimated using the non-destructive method. The study shows that the traditional laws protecting these forests are increasingly being violated by local people. These forests are cultural properties for the village and provide the local population with a variety of products. The most frequently cited uses are firewood, food products, medicinal plants and sacrifices. A total of 54 species, 47 genera and 29 families have been identified. Of these species, around 40.35% are used in one way or another by local people. The values of carbon sequestered by these forests vary from one forest to another and according to the type of equation chosen. The Bamendou sacred forest recorded the highest value, 443.9 t C /ha and 287.79 t C /ha respectively, using the equations of Djomo et al. (2010) and Fayolle (2013). This work presents the benefits of sacred forests for local populations. Management strategies for these forests should be strengthened by the State to ensure more sustainable conservation of this rich heritage.

THE IMPACT OF THE MATRIMONIAL PROPERTY REGIME ON COMMERCIAL COMPANIES ACCORDING TO ALBANIAN LEGISLATION

Background: The purpose of this study is to examine the interaction between the legal discipline of matrimonial property regimes and the commercial activities of spouses that are established before or during marriage. It aims to investigate how the legal community impacts commercial companies, specifically in the hypothesis where the shareholder of the company is married. There is ongoing debate within legal circles about whether shares of a commercial company established by one spouse during marriage or acquired through a legal transaction are part of the legal community. Regarding this matter, several issues arise: whether the participation in the company's initial capital is governed by community administration rules, which is the legal nature of shares acquired by one spouse, and how the marital community regime interplays with commercial legislation. Another issue that has engaged legal doctrine is whether the spouse of a shareholder is recognised as a shareholder and can participate in the company administration. Albanian Family Code lacks specificity on shares, mainly addressing small family businesses. The study of the interaction of these two disciplines aims to assist jurisprudence because, despite some cases of the Supreme Court and the Constitutional Court in recent years, this is still a relatively new field for Albanian doctrine and jurisprudence. Methods: The research methodology adopted for this paper employs a multi-faceted approach, integrating desk research, legal analysis, case law review, and a comparative study. It encompasses an examination of relevant national legislation, as well as foreign legislation from civil law tradition countries such as France and Italy. Furthermore, European soft law, notably the principles of the European Commission of Family Law (CEFL) focusing on matrimonial property issues, has been reviewed. Our research methodology includes gathering and analysing existing studies and academic literature on matrimonial property regimes. To better understand the norms of the Family Code regarding matrimonial property regimes, we will analyse Italian and French doctrine and jurisprudence, as well as the legal systems based on which the Albanian Family Code has been drafted. It should be emphasised that while this paper’s primary aim is not solely comparative analysis, it strives to assist in better understanding and implementation of the legal community regime as the most used regime by spouses in practice. Also, a comprehensive comparative analysis has been conducted, comparing Albanian legislation and the CEFL Principles, to identify key similarities, differences, and potential areas for enhancement within legal frameworks. Moreover, the jurisprudence of both Albanian and foreign High courts has been extensively utilised to enrich the analysis and provide insights into practical applications of legal principles. Results and Conclusions: The solution to the abovementioned issues depends on the company’s legal structure and articles of participation rules and requires a combined interpretation of matrimonial property regimes and commercial law. In this combined interpretation of the rules, protecting the rights and interests of all involved subjects, the interests of the spouses and those of the commercial company as a legal entity is crucial.

‘I didn't know it was you’: The impersonal grounds of relational normativity

AbstractA notable feature of our moral and legal practices is the recognition of privileges, powers, and entitlements belonging to a select group of individuals in virtue of their status as victims of wrongful conduct. A philosophical literature on relational normativity purports to account for this status in terms of such notions as interests, rights, and attitudes of disregard. This paper argues that such individualistic notions cannot account for prevailing and intuitive ways of demarcating the class of victims. The paper is focused on the wrongful infliction of harm, and centers on the mediating role played by impersonal “danger‐making properties” in the determination of the class of victims. The paper begins with an analysis of one of the most well‐ known discussions of negligently‐inflicted harm — from the most famous case of the American common law tradition, Palsgraf v. Long Island Railroad Co. — and the analysis is then extended to the morality of harm‐doing more broadly, negligent and intentional alike. The paper's chief targets are interest theories of rights — including contractualist theories of moral claim‐rights of the kind defended by R. Jay Wallace — and neo‐Strawsonian Quality of Will theories of “moral injury”.

Challenges in Manpower Management: Discuss the Challenges Faced by the Automotive Industry in Managing Manpower Due to Rigid Labor Laws and Complex Legal Systems, Especially Concerning Temporary Increases in Workforce to Meet Demand Fluctuations

The automotive industry is at the forefront of technological innovation and economic growth. However, it faces significant challenges in manpower management, particularly due to rigid labor laws and complex legal systems. These challenges are exacerbated when addressing temporary workforce increases to meet demand fluctuations. This paper aims to discuss the multifaceted issues that arise in the context of labor flexibility, talent acquisition, and retention strategies within the automotive sector. Firstly, the industry contends with the difficulty of attracting and retaining talent in a competitive landscape where technology companies and startups often offer more appealing opportunities. The rapid pace of technological advancements demands a workforce that is adaptable and skilled in new and evolving competencies. However, traditional labor laws often do not accommodate the flexible arrangements required to attract such talent. Secondly, the high turnover rate within the automotive industry further complicates manpower management. The need to cultivate leaders from within is hindered by generational differences and a redundant skill set that is increasingly becoming automated. This situation is compounded by the industry’s struggle to maintain employee health and safety, which is paramount given the physical nature of manufacturing jobs. Lastly, the legal complexities associated with temporary staffing to manage demand peaks present a significant hurdle. The industry must navigate a labyrinth of employment regulations that vary by region and often restrict the ability to swiftly adjust workforce levels in response to market needs. The automotive industry must develop robust strategies to overcome these challenges. This includes fostering organizational resilience, reimagining talent management, and advocating for labor law reforms that reflect the dynamic nature of the industry and its workforce requirements. The ability to adapt to these challenges will be a determining factor in the industry’s capacity to sustain innovation and growth in the coming years.

Leveraging Artificial Intelligence for Crime Detection and Prevention

This paper sheds light on how Artificial Intelligence (AI) is reshaping the landscape of crime detection and prevention, bringing about a significant change in traditional law enforcement methods. With society increasingly embracing AI-driven solutions, it's crucial to understand how they contribute to public safety. We'll dive into various aspects of AI, such as predictive policing, video surveillance analysis, forensic science, and criminal profiling, to see how they enhance law enforcement capabilities and streamline crime resolution processes.Starting with predictive policing, AI algorithms sift through massive datasets to identify patterns and predict future criminal activity, empowering law enforcement to take proactive measures. Similarly, AI-powered video surveillance systems enhance real-time monitoring and anomaly detection, allowing for quick identification of suspicious behavior in urban environments.Moving on, we'll explore AI's impact on forensic analysis, where it expedites processes like DNA sequencing, fingerprint recognition, and ballistics analysis, speeding up the resolution of cold cases. Additionally, we'll delve into AI's role in criminal profiling, highlighting its ability to decipher behavioral patterns and predict criminal motivations, though ethical considerations remain paramount.We'll also address ethical concerns surrounding AI deployment in law enforcement, including privacy issues and algorithmic biases. Emphasizing the need for transparency and accountability, we advocate for responsible use of AI-powered crime detection systems to uphold ethical standards and protect individual rights.

Research on the Differences Between the Laws Designed to Protect Brands and Traditional Trademark Laws

Brand protection is an important and challenging issue in the contemporary market, as brands are valuable and influential intangible assets that create and sustain competitive advantage. However, there is a lack of a clear and comprehensive legal category that can adequately address the diverse and complex aspects of brand protection. This paper aims to explore how a law designed to protect brands might differ from traditional trademark law, which mainly focuses on the registration and protection of distinctive signs that identify the source and quality of goods or services. The paper adopts a qualitative and comparative approach, using online sources, such as web articles, research papers, and guides, as well as examples of famous brands and cases, to illustrate and analyze the possible ways, characteristics, challenges, and benefits of brand protection. The paper concludes that brand protection is a useful or viable legal category that recognizes and respects the value and importance of brands as intangible assets that create and sustain competitive advantage in the market, adapts and innovates to changing market trends, consumer preferences, and competitive forces, and harmonizes and cooperates with the existing trademark laws and standards across different countries and regions.

Rebar-concrete bond behaviour in grouted sleeve connectors

Grouted sleeve connectors (GSCs) are commonly used in precast/prefabricated concrete structures. To ensure force transfer, connectors tend to be overdesigned, and this has a detrimental effect on the plastic deformation capacity of the connection region and the displacement ductility of the precast structure. To enable improvements in the design of precast RC connections involving GSCs, an accurate analysis of the bond behaviour of GSCs is required. This paper presents an analytical model for the local bond behaviour under the particular sleeve confinement. A representative cross-section of a GSC is treated as interconnected hollow circular tubes. Three stages are identified according to the state of the grout, namely elastic, partially cracked, and fully cracked. The confining pressure is formulated within the cross-section, and the bond stress is subsequently evaluated by a modified bond stress-slip law accounting explicitly for the confinement. Compared with traditional bond-slip laws, the model is capable of representing the evolution of confining stress in the loading process. Comparison with relevant experimental results show good agreement. A subsequent parametric study demonstrates the trends of influence of various parameters, and notably, within allowable limits, a reduction of the grout thickness tends to increase the bond strength in the connectors.

Uncertain, unstable and unequal: Can regime interaction help international fisheries law address anthropocene challenges?

The term “Anthropocene” has become ubiquitous within debates on the future of international environmental law. While contested, it can generally be understood to refer to the fundamental idea that the world has entered a new era in which human activities, more than any other factor, are the driving force for change within the Earth system. This concept has inspired a rethinking of traditional international environmental law in line with the challenges that are expected to result from human-induced environmental impacts. This article explores how the Anthropocene will challenge international fisheries law and how understanding the role of regime interaction as a central characteristic of international law will be a necessary part of addressing these challenges. In order to determine what might be said to constitute Anthropocene conditions the article explores the effects of human activities on two core planetary boundaries, climate change and biosphere integrity, in the context of the world’s oceans. Through examining the human-induced threats to these boundaries, common themes of uncertainty, instability and inequality within the Anthropocene ocean are identified, highlighting broadly the ways in which the current international fisheries legal regime alone is inadequate to achieve its goals in the Anthropocene context. This article proposes that enhanced regime interaction, between related regimes such as international fisheries law, international climate change law and international biodiversity law could allow international fisheries law to be more readily able to meet the uncertain, unstable and unequal Anthropocene context.

Inheritance Law: Conceptions of Inheritance According to Minangkabau Customary Law

Minangkabau customary inheritance law has always been a matter of debate. This may be because Minangkabau traditional inheritance law is unique and distinctive compared to traditional inheritance law systems in other regions in Indonesia. As a result, inheritance law is also affected by Minangkabau dualization which originates from the partnership paradigm in Minangkabau marriages. This research uses normative legal research methods. In this research, it was found that according to Minang Kabau Customary Law, the process of inheritance and distribution of inheritance is often influenced by cultural values and norms that exist in Minangkabau society.

PUNISHMENT FOR INDIVIDUALS COMMITTING SEXUAL CRIMES AGAINST CHILDREN: A COMPARATIVE ANALYSIS OF POSITIVE AND TRADITIONAL CRIMINAL LAW IN INDONESIA

The current punishment for sexual crimes against children, limited to imprisonment, is deemed ineffective in deterring perpetrators. This article delves into this issue through the lens of positive and customary criminal law. Employing a doctrinal method and drawing from various legal sources, the article reveals that the existing punishment under the Indonesian Criminal Code and Child Protection Laws fails to significantly reduce the incidence of such crimes. As a potential solution, traditional law could serve as supplementary punishment, involving corporal punishment or fines payable to the state treasury. This suggests that customary law could complement judicial sanctions. However, the implementation of such additional measures warrants evaluation to address other environmental factors that may contribute to these crimes.

A Inauspicious Month in Javanese Wedding Tradition in Luwu Utara, South Sulawesi: Perspective�of�Islamic�Law

Determining inauspicious days in Javanese marriage traditions is significant. Sometimes, this leads to debates and controversies from various perspectives as it is considered contrary to Islamic law. This research aims to examine the determination of inauspicious days in Javanese marriage traditions during the month of Muharram (Suro). This study employs an empirical juridical approach using theories of social change and Islamic legal theory, particularly social tradition ('urf) and public interest (maslahah). Data is collected through interviews and literature reviews. Subsequently, the data is analyzed using these theories through data reduction, data presentation, and conclusion drawing processes. The research results reveal that the determination of inauspicious days in marriage traditions is based on the societal belief in the existence of inauspicious days for couples marrying in the month of Suro. This belief is grounded in experiences and stories passed down through generations. On the other hand, the concept of maslahah refers to the welfare or benefit for humans. In the context of inauspicious days for marriage, maslahah refers to efforts to prevent conflicts between couples and families. Furthermore, from the perspective of Islamic law, prohibiting marriage in the month of Suro in North Luwu Regency is permissible because there are no prohibitions in the Quran or hadith against it. Such traditions in Islamic law are referred to as �urf shahih, which are good and permissible customs as long as they do not contradict sharia. The prohibition is valid if it is based on the motivation to obey parental advice (birr al-walidayn) and as a form of respect for deceased parents, and linking everything that happens to the will of Allah SWT. However, if the tradition contradicts sharia and harms faith, then the tradition cannot�be�practiced.

Ownership Patterns of Land Rights from the Perspective of Customary Law Communities in Waropen Regency Papua Province

Ownership of land rights in the Waropen customary law community is very important because the land is a legacy of their ancestors which is used to meet their daily needs. The aim of this research is to find out more about land ownership rights from the perspective of the Waropen customary law community. The approach used is empirical, which looks directly at the reality that occurs among the Waropen traditional law community regarding ownership of land rights which are considered a legacy from their ancestors and are used to meet their daily needs. Data obtained from field observations, both primary and secondary, are then analyzed systematically so that the data can be accounted for. The results of this research reveal that the Waropen Indigenous people recognize 2 (two) types of land rights, namely ownership rights and use rights. Residents of the Waropen indigenous community can have property rights in the form of individual rights, family property rights which are the same as household property rights, and clan property rights or customary rights. Property rights in the Waropen language are called Mipena (Sanggei Village) or Risanau. Mipena or risanau in the traditional concept is originally a former garden. Former garden land refers to ownership of land or an area that is owned. Meanwhile, the right to use is the right to use or collect proceeds from land controlled by the state or land owned by another person, based on a mutual agreement between the land owner and the person who will use the land. In the Waropen indigenous community, this right of use can be differentiated into several groups of users of land rights, including the right to use for fellow Waropen people, this transfer is facilitated by the Government, the right to use for pastors, evangelists, teachers, health workers who come to dedicate themselves in the Waropen area and use rights are also given to traders from Bugis, Makassar, Java and Toraja as a place to carry out business activities.

Settlement of Customary Law Community Land Disputes in Byosi Village Keerom Regency Perspective of Regulation of the Minister of State for Agrarian Affairs/KBPN Number 5 of 1999

Customary land disputes occur in customary law communities in Byosi village, Keerom Regency, where customary land ownership often overlaps in the same location or place and can be owned by two or more people. This is what causes problems and there are disputes over customary land between customary law communities. The aim of this research is to determine the resolution of disputes over overlapping customary land ownership among customary law communities in Byosi Village, Keerom Regency. This research method is normative juridical and empirical, a research method that refers to legal norms contained in statutory regulations, library materials, written regulations or other legal materials that are secondary in nature and also realities that occur in the midst of Byosi traditional law community, Keerom Regency. The results of this research reveal that the resolution of disputes over overlapping customary land ownership in Byosi Village was carried out using deliberation which was chosen because it suited the character and way of life of the traditional law community in Byosi Village which was familial in nature, compared to resolving disputes through court institutions which tended to be confrontational in nature. , takes more into account winning and losing, takes into account more realistic aspects and ignores the social elements in traditional communities which are familial in nature.

“After god is police”: lived experiences of rural police officers in Trinidad and Tobago

PurposeIn Trinidad and Tobago, there is significant reliance on the traditional and centralized police service to engage in crime response and suppression in urban and rural areas. In this regard, policing scholarship has largely focused on the impact of policing within urban areas, producing a gap in knowledge on what policing rural spaces entails. Despite this, there is some understanding that policing rural spaces can engender diverse challenges and calls for variability in policing strategies. The current study examines the lived experiences of police officers stationed in rural communities in Trinidad and Tobago.Design/methodology/approachUsing the descriptive phenomenological approach, semi-structured interviews were conducted with eleven police officers stationed in rural communities throughout the country.FindingsInterviewees narrated the importance of community dynamics and community-specific needs in shaping their roles and functions when operating in and serving these communities. Three major themes were identified: (1) network activity in policing; (2) engagement in localistic and service-oriented approaches and (3) community-specific challenges.Originality/valueThe findings suggest that while there is an emphasis on traditional law enforcement responsibilities, in the rural context, police responsibilities and duties are constantly being redefined, reframed and broadened to meet the contextual community and geographic-specific diversities and demands.

Hindu Jurisprudence as The Basis and Source of Nepalese Family Laws: An Investigation

Hindu jurisprudence has played an important role in the formation of the basis and source of family law in Nepal. This article conducts an in-depth investigation of how Hindu legal principles have influenced the regulation of family law in Nepal. Through careful analysis, it outlines the historical development of Hindu jurisprudence and the way its influence manifests in Nepal's family law provisions, particularly under the National Civil Code 2017. It explores the historical foundations of Hindu law and identifies its practical consequences in the Nepalese context, including possible incongruities between Hindu law and its regulations. In doing so, it provides a deep insight into the complexity of the interaction between Hindu legal traditions and the structure of family law in Nepal. This article discusses in detail the historical development of the recognition of Hindu jurisprudence under Nepal's family law. It illustrates how key laws, such as legal arrangements for marriage, adoption, maintenance, or division, are influenced by Hindu scriptures. The article explains the provisions of the family law (enacted under the National Civil Code, 2017) in light of Hindu laws and practices prevalent in India. It also presents inconsistencies between Hindu laws and embedded regulations. This research approach integrates as legal research with a socio-legal approach, and a thorough literature review to uncover the impact of Hindu jurisprudence on Nepali family law, particularly under the National Civil Code 2017. Through these methods, this article strengthens the understanding of the complex relationship between Hindu legal tradition and family law regulation in Nepal. The conclusion of this study highlights the importance of understanding the practical implications of the application of Hindu law in the context of Nepalese family law, as well as emphasizing the need for consistency and harmonization between Hindu law and applicable regulations to achieve justice in Nepal's evolving family law system.

Marriage and the Obligations Arising from It

Marriage, as an institution of law, is based on the moral and legal equality of spouses, on the feeling of mutual love, respect and understanding, as the basis of family unity. Healthy family and marital relationships contribute to the elimination of gender stereotypes. It all starts in the family and is transmitted throughout society. For this reason, rightly, if we want to know how much a society respects the principles of non-discrimination and gender equality, it is very effective to carry out this analysis also for the family. Both marriage and the family, as very important institutions, enjoy the special protection of the state. The general principles that pervade these institution s are: i) the principle of reciprocity of rights and obligations ii) the principle of equality in rights and obligations iii) putting the interests first: of children, of marriage, of the family iv) reciprocity: in loyalty, for moral help, for material help, for cooperation in the interests of the family and coexistence. Marriage is a legal and social coexistence between two different people whose responsibilities and rights are defined by law and social traditions. Couples marry for a variety of reasons, including love, cohabitation, and sometimes economic or social reasons. Equality between spouses is accepted as a rule social concept and as a principle of family law. The principle of equality and non-discrimination as well as that of violence in marital and family matters is one of the main points in the paper. Received: 25 December 2023 / Accepted: 25 February 2024 / Published: 23 April 2024