scholarly journals THE LEGAL NATURE OF FAMILY LAW AGREEMENTS AND THEIR PLACE IN THE LEGAL FACT SYSTEM

2021 ◽  
pp. 42-48
Author(s):  
T.A. Philippova ◽  
E.P. Titarenko ◽  
A.D. Darkhambaeva
Keyword(s):  
Family Law ◽  
Civil Law ◽  
Scientific Work ◽  
Legal Thought ◽  
Legal Nature ◽  
The Family ◽  
Legal Fact

The article shows discussion issues regarding the place of family law agreements in the classificationof legal facts. The authors also bring to the discussion the question of the legal nature of the family lawagreement. The scientific work presents an anthology of legal thought about family legal relations of theSoviet period, as well as a brief retrospective of its development in the last 20 years. The authors of the articledefine family law as an independent legal industry with its inherent features which also predefine the specialqualities of family law agreements that do not allow them to be identified with civil law contracts. The articleproposes to abandon the application of civil law in the regulation of family agreements.

COMMON OWNERSHIP OF SPOUSES (Analysis of the Georgian Civil Law)

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 163-177
Keyword(s):  
Family Relationships ◽  
Civil Law ◽  
Family Relationship ◽  
Legal Regulation ◽  
Legal Literature ◽  
Common Ownership ◽  
Personal Rights ◽  
The Family ◽  
Inner World ◽  
Legal Fact

The research shows that one of the legal relations in civil matters is the family relationship, having an extensive content. It includes Family Law and the actual family relationships. While there are factual elements in the family relationships, only marriage registration gives rise to the property and personal rights between spouses since marriage is a legal fact of law. However, it has been stated correctly in the legal literature that the actual co-existence of partners is such a family relationship, in which couples enter into marriage without registration. The inner world of unmarried couples is significantly free from legal regulation. Family relationships, by their characteristics, are inconceivable without the personal and intimate aspects contained in certain factual foundations and found in family relationships.

4. Domestic Abuse

Family Law ◽  
2019 ◽  
pp. 199-289
Author(s):  
Joanna Miles ◽  
Rob George ◽  
Sonia Harris-Short
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Criminal Justice ◽  
Family Law ◽  
Domestic Abuse ◽  
Civil Law ◽  
Third Party ◽  
Human Rights Law ◽  
Legal Responses ◽  
The Family

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses what the law can do directly to punish and rehabilitate perpetrators of domestic abuse and to protect victims. The chapter sets out the latest empirical data regarding domestic abuse and considers various theories regarding domestic violence. The chapter addresses the requirements of human rights law in this area; the criminal justice system and domestic violence; the civil law and domestic violence; the Family Law Act (FLA) 1996, Part 4; enforcement of orders under the FLA 1996; third party action on behalf of victims, including the Crime and Security Act 2010 and latest proposals to enhance such powers; and legal responses to forced marriage.

scholarly journals Family and Its Place in the Structure of Civil Relationships

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

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

4. Domestic Violence

2015 ◽  
Author(s):  
Sonia Harris-Short ◽  
Joanna Miles ◽  
Rob George
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Criminal Justice ◽  
Justice System ◽  
Family Law ◽  
Civil Law ◽  
Third Party ◽  
Human Rights Law ◽  
The Family ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses what the law can do directly to punish and rehabilitate perpetrators of domestic violence and to protect victims. The chapter sets out the latest empirical data regarding domestic abuse and considers various theories regarding domestic violence. The chapter addresses the requirements of human rights law in this area; the criminal justice system and domestic violence; the civil law and domestic violence; the Family Law Act (FLA) 1996, Part IV; enforcement of orders under the FLA 1996; third party action on behalf of victims, including the Crime and Security Act 2010; and integrating criminal, civil, and family proceedings.

3. Protection from domestic violence and occupation of the family home

2018 ◽  
Author(s):  
Stephen Gilmore ◽  
Lisa Glennon
Keyword(s):  
Domestic Violence ◽  
Family Law ◽  
Civil Law ◽  
Family Members ◽  
Protective Orders ◽  
The Family ◽  
Family Home

This chapter considers the civil law remedies which are designed to protect a victim from domestic violence. The two primary protective orders under Part IV of the Family Law Act (FLA) 1996 are the non-molestation order and the occupation order which can be applied for and obtained in conjunction with each other, or separately. The chapter also discusses the fact that the occupation order can also be used to regulate occupation of the family home in non-violent situations when a dispute arises between family members about who is entitled to occupy the home, and on what basis.

INTERNATIONAL AGREEMENTS AS SOURCES OF CIVIL LAW OF UKRAINE

2017 ◽  
Author(s):  
Iryna Horodetska ◽  
Keyword(s):  
Public Relations ◽  
Civil Law ◽  
Scientific Work ◽  
Legal Regulation ◽  
International Treaties ◽  
International Treaty ◽  
Legal Nature ◽  
Conceptual Study ◽  
The Relationship

The article is devoted to the features and functional purpose of such sources of civil law of Ukraine as international treaties. Based on the analysis of the theory of civil law, scientific approaches to understanding of the concept and system of sources of civil law, the relationship between the concepts of "international legal act" and "international treaty" are studied. The scientific work considers the characteristics and features of international treaties as sources of civil law of Ukraine, their role in the regulation of civil relations and their place in the system of national law. It is concluded that the current transformational changes that take place in Ukrainian society are inextricably linked with European integration processes and the need to bring the components of the legal system of Ukraine in line with the principles, norms and standards of European law. Objective strengthening of the role of international treaties in the settlement of not only international but also domestic civil relations necessitates a thorough conceptual study of the legal nature of international treaties, their place in the system of regulations of Ukraine and the relationship with civil law, which in its turn is an extremely important and, at the same time, difficult task. In this regard, it is quite logical to intensify the scientific discourse concerning the place of international treaties in the system of national law in different states. At the same time, while not denying the certainly important role played by international treaties in the settlement of civil legal (private) relations, we emphasize that the key to the effective functioning of the mechanism of legal regulation of public relations in this area is the need to achieve balance at interpenetration and interplay of principles and norms of domestic and international law as interdependent systems.

4. Domestic abuse

2020 ◽  
pp. 55-78
Author(s):  
Susan Heenan ◽  
Anna Heenan
Keyword(s):  
Criminal Law ◽  
Family Law ◽  
Domestic Abuse ◽  
Civil Law ◽  
Essential Information ◽  
The Family

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on domestic abuse and its causes, along with a number of relevant civil law and criminal law remedies. It explains non-molestation orders under the Family Law Act 1996 before turning to a discussion of breach of an order as a contempt of court. It also considers occupation orders, which regulate the occupation of property, along with various categories of applicant who can seek them. Finally, the chapter examines protection available to parties who are not associated persons under the Protection from Harassment Act 1997.

3. Protection from domestic abuse and occupation of the family home

2020 ◽  
pp. 108-186
Author(s):  
Stephen Gilmore ◽  
Lisa Glennon
Keyword(s):  
Family Law ◽  
Domestic Abuse ◽  
Civil Law ◽  
Family Members ◽  
Protective Orders ◽  
The Family ◽  
Family Home

This chapter considers the civil law remedies which are designed to protect a victim from domestic abuse. The two primary protective orders under Part IV of the Family Law Act (FLA) 1996 are the non-molestation order and the occupation order which can be applied for and obtained in conjunction with each other, or separately. The chapter discusses the fact that the occupation order can also be used to regulate occupation of the family home in non-violent situations when a dispute arises between family members about who is entitled to occupy the home, and on what basis.

4. Domestic violence

2017 ◽  
Author(s):  
Susan Heenan ◽  
Anna Heenan
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Family Law ◽  
Civil Law ◽  
Essential Information ◽  
The Family

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on domestic violence and its causes, along with a number of relevant civil law and criminal law remedies. It explains non-molestation orders under the Family Law Act 1996 before turning to a discussion of breach of an order as a contempt of court. It also considers occupation orders, which regulate the occupation of property, along with various categories of applicant who can seek them. Finally, the chapter examines protection available to parties who are not associated persons under the Protection from Harassment Act 1997.

Contractual regulation of custody and guardianship of minor children in modern Russia

2020 ◽  
pp. 101-110
Author(s):  
Nelli Ivanova
Keyword(s):  
Parental Care ◽  
Retrospective Analysis ◽  
Family Law ◽  
Civil Law ◽  
Legal Regulation ◽  
Legal Method ◽  
Legal Nature ◽  
Relevant Topic ◽  
General Scientific ◽  
Minor Children

This work is devoted to a relevant topic in modern Russia related to the placement of children without parental care under custody (guardianship). The aim of the work is to study the features of the legal regulation of contractual custody (guardianship) of minor children in modern Russia. The work is written using general scientific and special methods of cognition: historical, dialectical, formal and logical, empirical. We pay special attention to the comparative legal method, which is due to the purpose and objectives of the study. Based on a brief retrospective analysis, the legal nature of the foster family contract and foster care contract is examined. We substantiate the position that the custody (guardianship) contract, having certain features, has a mixed legal nature. We emphasize that guardianship and custody contracts have elements of both civil law contracts and family law contracts. We analyze the legal nature of remuneration to custodians and guardians. It is concluded that the contractual regulation of custody and guardianship provides the opportunity for more flexible legal regulation of relations on the transfer of a child to a family, allows you to accommodate the interests of both wards children and custodians (guardians).

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