Search results for " Marriage"

Discriminación indirecta por pertenencia a minoría nacional : denegación de prestación de viudedad en el caso de matrimonio celebrado según el rito g…

2021

The commented sentence rejects that the Muñoz Díaz doctrine is applicable to all cases of gypsy marriage. In addition, it considers that the denial of effects to the union celebrated according to said rite is not discriminatory. This conclusion is discussed, understanding that the analysis of the singularities of the gypsy people must lead to the conclusion of the existence of indirect discrimination.

Different approaches to marriage downgrading : from an anti-elusive measure to an antidiscriminatory claim

2021

The essay focuses on the different mechanisms of marriage downgrading. Given the principle of ?cross-border continuity? of statuses, limits to this continuity are sometimes admitted and they are placed through downgrading mechanisms. That can occour in the case of same-sex marriages transcription in a Member State which does not allow such marriages, but which does allow samesex registered partnerships. Downgrading mechanism has an anti-elusive function, but it is not without problems in terms of discrimination on the grounds of sexual orientation. A different approach is taken in the case of an opposite-sex couple requesting the downgrading of their marriage, celebrated before the Member S…

Getting married or entering into a partnership : the patrimonial issues of choice in french law

2021

In French law, there are only two models of couples between which a choice is really possible to organize their patrimonial relationships: partnership or marriage. But, if the couple intends to organize a transfer of assets between companions both during the union and in case of death, it is definitely marriage that offers more possibilities than partnership. Often, young French couples, who do not wish to marry, either not at the begining of their relationship or not at all, have the idea that, if marriage organizes a legal protection of the couple, the partners have the possibility to provide conventionally equivalent protection. In fact, this idea is wrong.

Pre-marital and pre-unional financial agreements and their circulation in the context of the new EU regulations 2016/1103 and 2016/1104

2021

Regulations (EU) 2016/1103 and 2016/1104 provide spouses and partners with the possibility to conclude agreements for the organization of their property regime but do not detail their content and structure. Moreover, while the possibility to conclude those agreements even prior to the marriage or the conclusion of a registered partnership is a valuable innovation in comparison with other European Regulations in family matters, some choices made by the European legislator on applicable law will likely be source of inconveniences. Furthermore, as for their recognition and enforcement in the participating Member States ? which will be based on the same rules enacted for decisions, authentic in…

Protection of the surviving spouse in French law

2021

While French inheritance law has recently sought to give everyone more freedom to anticipate the transmission of their estate, it still guarantees to the children a reserved portion in his estate. This guarantees the deceased?s children a minimum share in his/her estate. However, the mechanisms protecting this reserve are subject to legal adjustments when spouses wish to organize the protection of the couple?s survivor, either by submitting to a conventional matrimonial regime or by giving themselves gifts that improve the legal succession of the spouse. This ensures a balance between the protection of the spouse and that of the compulsory heirs. Not seeming to be satisfied, several famous …

Mixing against culture vs mixing against nature: ontologization of prohibited interethnic relationships.

2009

In this paper, we develop the theory of ontologization: Social representations that prevent members of minority and majority groups who are living in contact with each other to mingle. The process of ontologization consists of separating some humans from their own species, and anchoring them in another environment, that of an animal, for example. We propose that underlying the famous slogan "equal but separate" is the social representation of interracial mixing as a "counter-nature" phenomenon. It is predicted that a sexual relationship between people of different "races" leads to a greater degree of ontologization, and, as such, this miscegenation will be explained in terms of biologistic …

2019

Using the method of third-person elicitation and 171 interviews in Dar es Salaam, Tanzania, I examine one form of forced marriage, ‘marriage on the mat’ (ndoa ya mkeka). In it, girls’ parents use t...

From sin to the civil order, unions outside of marriage under the law (XVI-XX century)

2011

The aim of this thesis is to understand the legal status of unmarried couples, over a period of time extending for nearly five centuries. The canon law of marriage relegated cohabitation to a permanent state of sin, and in the sixteenth century, the council of Trent prescribed severe penalties to punish cohabitation. The fathers of the council enacted rules governing the celebration of marriage. Secular authority then gradually arrogated jurisdiction in matrimonial matters by means of laws and jurisprudence. The line between marriage and cohabitation was now strictly drawn. Although the old law did not consider cohabitation as a crime, it castigated children born outside of wedlock by subje…

Matrimonio e Chiesa d’Inghilterra oggi

2015

It seems to take growing root in the West a certain idea of marriage, which appears to descend from the French secularism model, in being “counter-traditional”, respectful of the individual autonomy, and devoted to an “integral” application of the principle of equality. The proof is that it putted down roots in legal contexts poles apart from the above model, for their way to set the space and the relevance of religion in the public sphere. The study examines the emblematic English case, where this notion has led to the introduction of “same-sex marriage”, without the peculiar framework of the relations between the State and his national Church, with his singular legal tecnical implications…

The Rise and fall of a New Type of Crime against Humanity: the Crime against Humanity of Forced Marriage

2015

The practice of forced marriage rose as a new crime against humanity in the case law of the Special Court for Sierra Leone, but it has had a short and contentious life, being abandoned after a few years by other international criminal tribunals. This paper is devoted to the study of the international case law established by the international criminal tribunals -Special Court for Sierra Leone, and International Criminal Court- that have heard cases where allegations of force marriage have been raised up.