illegitimate children
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DÍKÉ ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 136-149
Author(s):  
Bernadett Krausz

There was a legal differentiation between children born in and out of wedlock in 1945. The Hungarian State recognised that this differentiation was outdated, thus the Act XXIX of 1946 on the legal status of children born out of wedlock came into force on June 7, 1947. The aims of the Act were that it should cease the differentiation between children born in and out of wedlock and their legal status shall be equal to legitimate children, and the children born out of wedlock (illegitimate children) shall be related to their fathers and their fathers’ kin. It was the first comprehensive regulation regarding child support that came into effect. The study presents the regulations of child support between 1945 and 1950 in Hungary and discloses the court practice regarding child support of the District Court of Zalaegerszeg in the designated period.


Author(s):  
RR. Alysia Gita Purwasaputri ◽  
Sudarsono Sudarsono ◽  
Moh. Fadli

The problem in this study is related to the fulfillment of the principle of justice in making birth certificates intended for children born outside of marriage which is carried out legally between the two parents.  This article is normative juridical research with a statutory and conceptual approach.  The results of this legal research show that the principle of justice for illegitimate children can be fulfilled by adjusting the provisions regarding the making and issuance of birth certificates for illegitimate children based on the provisions on the status of illegitimate children in the Indonesia Constitutional Court Decision Number: 46/PUU-VIII/2010. Its cause in contrast to the provisions of the Indonesia Marriage Law regarding the distributive status of children outside of marriage, justice for children in the provisions of the status of children outside of marriage in the Indonesia Constitutional Court Decision Number: 46/PUU-VIII/2010 is more commutative. Furthermore, the provisions regarding the status of children out of wedlock in the Constitutional Court Decision Number: 46/PUU-VIII/2010 are teleologically more able to provide benefits and fulfill the purpose of establishing the rule of law and in line with the principle of child protection, namely the best interests of the child. The decision of the Indonesia Constitutional Court Number: 46/PUU-VIII/2010 can be implemented by creating a civil relationship between the child out of wedlock and the biological father and the family of the father. In addition, the Indonesia Constitutional Court Decision Number: 46/PUU-VIII/2010 also has an impact on the administrative field, namely by being able to issue birth certificates for children out of wedlock by including the name of the biological father, so that it is not limited to only including the name of the biological mother.


2021 ◽  
pp. 43-56
Author(s):  
Cathy Day

All births, marriages and deaths that occurred in two rural parishes in south-west England in the period 1754–1914 were examined, using a wide array of source material. Records of individuals were linked together into large multi-generational family groups. There were 4,940 births, of which 319 were illegitimate. For the illegitimate cases, the rates of subsequent marriage of mothers and fathers were determined and compared with those for other people in the same parishes. Being the father of an illegitimate child did not impact the chances of subsequent marriage. Being the mother of an illegitimate child decreased the chances of subsequent marriage but only if the mother was co-resident with her children. Where the mother did not live with the illegitimate child(ren), her chances of marriage were similar to that of other women. Mothers of illegitimate children were more likely to marry their cousins and were less geographically mobile than other mothers.


Japanese Law ◽  
2021 ◽  
pp. 89-114
Author(s):  
Hiroshi Oda

In contrast to the previous Constitution, which was modelled on the 1850 Prussian constitution, the current Constitution of 1946 was heavily influenced by the US Constitution. In general, the courts has been instrumental in developing human rights law via constitutional review, particularly since the 1970s there have been a sizeable number of cases where the court found a law to be unconstitutional. The latest case involved a provision of the Civil Code which found the differential treatment of legitimate and illegitimate children in inheritance to be against equal treatment.


2021 ◽  
pp. 628-640
Author(s):  
Karolina Wróbel-Kącka ◽  

Name tendencies in the Bochnia poviat (on the example of the record book of the Chronów parish from the 19th century) Summary The aim of the article is to present the tendencies of names in the Bochnia district on the example of the record book of the Chronów parish from the 19th century. The sketch will analyze the issue of the popularity of names (including rare names) due to the origin of their carriers (peasant, noble). Considerations will also include the issues of multi-name and the phenomenon of naming illegitimate children.


2021 ◽  
Vol 55 (1) ◽  
pp. 129-142
Author(s):  
Maša Kulauzov

The article sheds light on Montenegrin legislature regarding outof-wedlock infants, particularly on Law on illegitimate children of 1894, whose author, famous jurist Valtazar Bogišić had put significant effort into protecting this vulnerable social group. His successor on the position of minister of justice Lujo Vojnović also had understanding for sensitive and fragile status of illegitimate offspring, so he issued necessary bylaws in which he more precisely defined distribution of the illegitimate children's trust assets to beneficiaries. On the other hand, the Supreme Court also passed some decrees regarding children born outside of marriage that were addressed to district courts and local authorities. All aforementioned documents were carefully scrutinized in this paper, as well as chapters XVI-XVIII of Criminal code for the Principality of Montenegro from 1906. The Code thoroughly regulated neonaticide (killing of an infant within the first 24 hours of birth), abandonment of illegitimate newborns, unlawful termination of pregnancy, as well as all kinds of accomplices in these crimes in order to protect lives of illegitimate children.


2020 ◽  
Vol 20 (2) ◽  
pp. 151-173
Author(s):  
Fauzul Hanif Noor Athief ◽  
Resti Hedi Juwanti

A divorce is indeed never expected to happen in a marriage. However once it happens, the important thing which must be taken into account is the consequence of the divorce where the issue pertinent to children’s livelihood is one of it. This study tried to probe into how Malaysia and Indonesia whose most of the population was Muslims adopted the Fiqh concept in terms of post-divorce children’s livelihood in their regulations. Since there  always be difference between theory and practice, the real implementation of the decisions will also be examined on the basis of legal norms. This study directly explores the laws and Court decisions for further assessment based on several indicators. It is found that the legislation and the Court decisions of the two countries had adopted the concept of Fiqh yet with a couple of particular notes. It is also found that there is a chance of providing livelihood for illegitimate children in the law and practice of both countries.


2020 ◽  
pp. 216-225

N.B. Although it is unclear what relationship Lowry has to the children in his charge who are the subject of his letters, it appears that he has entered into a long-term arrangement with the township of Kirkby Lonsdale to take guardianship of them in return for maintenance payments (he refers to it as their ‘pension’). It may be that they are the illegitimate children of his wife, or perhaps she was widowed before she married him. Alternatively, they could be the orphaned children of his own son or daughter....


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