Search results for " divorce"
showing 10 items of 21 documents
How partnerships end in guillemots Uria aalge : chance events, adaptive change, or forced divorce?
2007
Divorce in socially monogamous species can result from different mechanisms, for example, chance events, active desertion of the partner, or the intrusion of a third individual ousting the partner. We compared the predictions associated with such mechanisms with data from common guillemots (Uria aalge) breeding on the Isle of May, Scotland. The data cover the years 1982--2005 and show a yearly divorce rate of 10.2%. In most divorces (86%), one of the original partners moved to another breeding site, whereas the other bird stayed and bred with a new partner. On average, movers had a significantly lower breeding success after divorce, stayers were largely unaffected, whereas the incoming bird…
The Divorce allowance in Italy, between Rules and Principles
2019
Italian law gives the right to a maintenance allowance to the spouse who does not have ?mezzi adeguati?. The assumption consisting in the ?mancanza di mezzi adeguati?, originally understood by the Joint Sections of the Italian Cassation of 1990 as a lack of resources to maintain the standard of living enjoyed during the marriage, was understood by the Court of Cassation in 2017 as a lack of resources of guaranteeing independence or economic self-sufficiency. In the essay, the author shares this new approach and clarifies that the new interpretation is consistent with the principles and values of the Italian legal system. The author therefore offers arguments to support this new interpretati…
Family home rights in divorce
2021
El ensayo ofrece un ?mapa? de los intereses en conflicto en la asignación de la vivienda familiar después de la separación o el divorcio y sus reglas de gobierno. La revisión crítica de la doctrina judicial, que considera la preservación del ?hábitat? doméstico como criterio exclusivo, lleva al autor a redefinir el fundamento axiológico de la legislación vigente, para proponer una interpretación diferente capaz de optimizar la promoción del interés superior del menor, sin afectar los intereses en competencia de una manera irracional y desproporcionada.
Sobre el desequilibrio económico en materia de pensión compensatoria : Algunas novedades jurisprudenciales. Comentario a las ssts núm. 495/2019, de 2…
2021
This paper analyses some jurisprudential novelties about the economic imbalance that give the right to receive the compensatory allowance in case of separation or divorce.
: FORMAL SPOUSES ALIMONY’S AND “COMPENSATORY ALLOWANCE” (PRESTATIONCOMPENSATOIRE) IN FRENCH LEGISATION
2016
International audience; PALABRAS CLAVE: Conséquences économiques du divorce, pension alimentaire entre ex-époux, prestation compensatoire. ABSTRACT: Since 1975, formal spouses alimony's became "compensatory allowance" (prestation compensatoire). This allowance is usually a lump sum form (90%), given by the divorced husband (90%) and concerning long terme marriages (15 years in average). But case-law and academic writings reflect uncertainties: there is no consensus about reasons why for compensatory allowance. Such uncertainties make the appropriate quantification of formal spousal allowance harder to assess.; RESUMEN: Depuis 1975, la pension alimentaire entre ex-époux est devenue une prest…
Constancy and evolution of an engaged writing : the work of Carmen de Burgos, journalist, essayist and novelist
2016
Carmen de Burgos died in 1932, leaving behind a considerable amount of written material: thousands of articles published in different newspapers, essays, novels and hundreds of “novelas cortas”. The works and the memory of this women’s rights activist were doomed to oblivion during Franco’s dictatorship. This thesis aims to rediscover and analyse these works from its various perspectives. We have been looking for the constant trends but also the evolutions. Carmen de Burgos has indeed evolved in her conception of the woman’s role and of the rights she had to acquire. In the early stages of her fight, she had been mainly focusing on the acquisition of equalitarian legal and social rights. Sh…
The effect of job displacement on couples' fertility decisions
2016
This paper analyzes the effects of job displacement on fertility using Finnish longitudinal employer-employee data (FLEED) matched to birth records. We distinguish between male and female job losses. We focus on couples where one spouse has lost his/her job due to a plant closure or mass layoff and follow them for several years both before and following the job loss. As a comparison group we use similar couples that were not affected by job displacement. In order to examine the possible channels through which job loss affects fertility we examine also the effect on earnings, employment and divorce. The results show that a woman?s own job loss decreases fertility mainly for highly educated w…
THE MAINTENANCE OF THE FORMER SPOUSE IN A NEW JUDICIAL RECONSTRUCTION: LET’S GO LIVING IN THE PAST
2018
The new interpretation followed by the Italian Court of Cassation amended the consolidated evaluation criterion of the divorce subsidy over passing the fixed parameter of maintaining the standard of living enjoyed during marriage, in favour of the overall evaluation of ALL the parameters provided for by art. 5 of the Divorce Act 1970. Consequently, for the grant, reduction or even revocation of the divorce allowance, it is necessary to assess whether the former beneficiary spouse is, or not, economically self- sufficient, since it is not necessary for the former beneficiary spouse to be aseptically guaranteed the same standard of living as he or she was during marriage. In application of th…
Bourgeois Women and the Question of Divorce in Finland in the Late 19th and Early 20th Centuries
2017
This article explores perceptions and actions of Finnish upper-middle-class women with regard to divorce in the late 19th century and early 20th century. Divorce was discussed in the periodicals of bourgeois women’s associations and later in Finnish Parliament, in which several leading figures of the bourgeois women’s associations were elected as members from 1907 onwards. Compared to other issues related to marriage and its legislation, divorce was not an especially important question for bourgeois women, but a tool to promote other issues. Women writers demanded drunkenness and violence as new grounds for divorce, and proposed that loveless marriages should be made possible to dissolve. M…
Le droit aux aliments est un droit qui s'impose aux père et mère qui ne peuvent y renoncer
2010
International audience; Civ. 1re, 14 oct. 2009, n° 08-15.583