Dissertations / Theses on the topic 'Concubinage'
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Esmyol, Andrea. "Geliebte oder Ehefrau ? : Konkubinen im frühen Mittelalter /." Köln : Böhlau, 2002. http://catalogue.bnf.fr/ark:/12148/cb388282880.
Full textDevers, Alain. "Le concubinage en droit international privé." Lyon 3, 2002. https://scd-resnum.univ-lyon3.fr/in/theses/2002_in_devers_a.pdf.
Full textHausmann, Rainer. "Nichteheliche Lebensgemeinschaften und Vermögensausgleich : Grundfragen der rechtlichen Organisation und Abwicklung von Lebensgemeinschaften im Spannungsfeld zwischen Rechtsgeschäftslehre, Schuldrecht und Familienrecht /." München : C. H. Beck, 1989. http://catalogue.bnf.fr/ark:/12148/cb37400672j.
Full textBibliogr. p. 667-679. Notes bibliogr. Index.
Gili, Emmanuel. "La communauté de vie et la reconnaissance des couples conjugaux /." Aix-en-Provence : Presses universitaires d'Aix-Marseille, 2008. http://catalogue.bnf.fr/ark:/12148/cb41277735p.
Full textFriedl, Raimund. "Der Konkubinat im kaizerzeitlichen Rom : von Augustus bis Septimius Severus /." Stuttgart : F. Steiner, 1996. http://catalogue.bnf.fr/ark:/12148/cb376196441.
Full textLewis, Michael George. "A canonical response to common law unions or "faithful concubinage"." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.
Full textRyan, Richard J. "Criteria for judging the validity of clandestine marriages in the Corpus iuris canonici the distinction between marriage and concubinage /." Theological Research Exchange Network (TREN), 1987. http://www.tren.com.
Full textDerfourli, Noah. "La voie du compromis : mariage et concubinage européano-maghrébins en Lorraine." Paris 5, 1993. http://www.theses.fr/1993PA05H036.
Full textThis study focuses on couples where one partner is from a North African immigrant background and the other partner is of European origin. On the premise that partners meet with resistances, the central question is to discover and distinguish the strategies they develop to have their exogamous choice accepted. The examination of a sampling of interviews leads to an inventory of the conditions in which the partners choose the type of union, present it as temporary or permanent, reveal or conceal it to the people round them, the pacts they construct and those they set aside, and the pretexts they invoke to justify or convince others of their choice. The paradigm of transaction is used to bring shady areas and ambiguities into the open. Categories are drawn up according to three variables: sex, form of union, and ethnic origin. In this way the characteristics of this type of marriage are brought out : rupture between north African women and their parents, insistent warmings to sons, whatever their ethnic origin, are both systematically observed. On the other hand, cohabitation is the situation "par excellence" where compromises are envisaged and put into practice. The success of strategies is assessed with regard to the religious choices made, the preservation of relationships with the family, and the respect of certain rituals. The paradoxical hypothesis according to which cohabitants, especially North African women, despite traditional opprobrium, manage to have both the pertinence of cohabitation and the legitimacy of their exogamic choice acknowledged, is confirmed
Raffaelli-Defradat, Valérie. "La famille naturelle : statut juridique des concubins." Lyon 3, 2000. http://www.theses.fr/2000LYO33019.
Full textSavi, Caroline. "Les concubinages en France et la famille de fait en Italie." Paris 10, 2003. http://www.theses.fr/2003PA100109.
Full textThis dissertation is a comparative study of concubinage in France and in Italy from a sociological and a legal point of view. The introduction gives some indications on the terminology of concubinage and ends with a brief history of concubinage. This work is divided into three parts. The first one is dedicated to the relationship of concubinage (the persons who are living in concubinage, the purposes at the origin of such a relationship. . . ). In the second one, the rights and the duties that the legislator and the jurisprudence recognize to the concubines in varions domains in the absence of a status of concubinage are exposed. Finally, in the last part, which deals with the recent evolution of the legislation, the Civil Pact of Solidarity in France (law n°99-994 of November 15th 1999) and the différent propositions of laws presented in Italy since 1987 as well as the various initiatives taken at the local level are analyzed
Gautier, Pierre-Yves. "L'union libre en droit international privé." Paris 1, 1986. http://www.theses.fr/1986PA010254.
Full textCohabitation is a way of life often used by couples within our contemporary societies. Consequently, we have to wonder if it has to be considered as a full juridical institution ; comparative law helps to think so. Then, we shall have to create the correspondent category within private international law, which will share with marriage its territorial links. At last, many issues (ex. Family law, inheritance, contracts, torts, goods, and so on. . . ) will have to be resolved
Saulier, Maïté. "Le droit commun des couples : essai critique et prospectif." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010315.
Full textThe civil code allows those who wish to share their lives to choose one of the following ways: to live a concubines, sign a P.A.C.S or to be united in marriage. Distinctly different from each other in 1999, these thee forms of union are more and more similar under the rule of law to the extent that a true common law for couples seems to have emerged. This trend towards harmonisation and standardisation was clearly perceived by the doctrine and was explained in several ways. Proof of the influence of the principles of equality and of non-discrimination for some, this common law would be explained by others as the taking into account of the only lifepartnership. These explanations seemed unsatisfactory to us and it was in observing the relations between couples and politics that this unifying momentum seemed comprehensible to us: the common law of couples exists due to the utility that it presents to establish state functions, whether they be social or economic. De lege lata, the rule of law, the means of political action only recognizes couples individually if this apprehension is useful to the State. This utility is perceived from time to time, which leads to a Jack of common law, built by successive and incoherent levels. A review of the usefulness of couples for the implementation of state functions, in association with the essential protection of the preservation of pluralism, would allow for the reconstruction, de lege ferenda, of a more coherent and more logical common law for couples
Griffon, Laurent. "Droits de famille et communauté de vie." Nantes, 2000. http://www.theses.fr/2000NANT4033.
Full textThe thesis bring out interactions between a fact, the life community, and the law, the family rights. The community of life is a civil liberty, which rests on an essential element, the will. The ceongnition of family rights by the community of life has been reformed, because at the marriage and the cohabition, now recognised by the law, is addicted the civil pact of solidarity. The rights accorded at the moment of the choice of community life form are function of the commitment intensity : the spouses profit from the more complete status, on extra partimonial plan as well as patrimonial plan, which concubines don't possess, and the partners have patrimonial rights for the essential. The connection between both status is made, in reality, by the child, in application of the relationships equality principle. The community of life, source of rights, conditions also the reality of these rights. If she's complete sincere, it permits the consolidation of the title (marriage, civi pact of solidarity, relationship), the maintenance of the recognised rights, or acquisition of new rights (nationality, adoption, PMA). Its disappearance gives the whole measure of its importance. If the life community cease voluntarily or by death, spouses are the best protected : recognise to the more destitute or to a survivor, provided with legal reghits of succession, the maintenance of his life conditions. By a comparison, partners can pretend to a half of the common patrimony, the concubines must referee to the judge. As regards of relationship, the inheriance inferiority of the adulterant child is called to disappear. The study underlines the superiority of marriage, institution and act of prevision of a life commitment, on the civil pact of solidarity, contract of undetermined length, and on cohabitation, uncertain factual union
Isselin, Vanessa. "Les obligations alimentaires dans le couple." Amiens, 2008. http://www.theses.fr/2008AMIE0058.
Full textGraeff, Fernando René. "Uniões simultâneas : solução dos conflitos no contexto sociocultural e jurídico atual." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2014. http://hdl.handle.net/10183/184395.
Full textHistorically, the family, the basic and fundamental unit of society, has always evolved and shaped itself with the social context in which it was inserted. Especially in Brazil, the concept of family has undergone substantial changes since its colonization, and mainly in recent decades, in order to monitor the social phenomena and expectations. From the patriarchal family, consisting solely by marriage and aiming at its preservation as an institution, the family unit has changed to a family based on affection and concerned with its members’ fulfillment. Due to such developments, empowered by the 1988 Constitution, some usual informal relationships in society, although viewed with contempt and inferiority by much of the population, were recognized and protected by the State. In this context, long-term, ongoing public relationships between man and woman unimpeded to marry, aiming at constituting a family, were recognized as genuine family entities and called stable unions. However, in line with the monogamous model of the Brazilian legal system, an informal relationship concomitant to another relationship has never received the legal treatment to assign it propriety rights, being the civil legislator, in such a case, only concern in restricting them However, in a social context characterized by the plurality of forms in affective relationships and by a contradiction of desires inherent in most humans beings – in one hand, the desire of being the only one in the partner’s life; and, in the other, the desire of having more than one partner - such historic legislative omission has not prevented simultaneous relationships, for being so recidivists, from attaining the status of a social fact, which, for a number of reasons, remains to be seen with severe restrictions by the society itself and hence by the Law. Such unions acquire special relevance to the legal world at the time of their breakups, either by death, or by the simple desire of the parties involved. At this moment, one of the most complex and difficult issues to solve in the current Law is how to conciliate the feeling of injustice, which often hangs when the breakup of such relationships occurs, with the current legal system, which not only does not recognize such unions as a family unit, but it expressly forbids its recognition as a stable union This paper focuses on the study of these simultaneous relationships, which can be formed both by impeded persons as well as unimpeded ones to marry or to constitute stable unions, in particular, the legal treatment given to them and the legal consequences that may result. Therefore, the first part of this study turns primarily to the historical, sociological and psychological aspects involving simultaneous unions, so that in the end, one can achieve a legal opinion on the issue not only consistent with the legal system, but also with the sociocultural reality of present days.
Bodet, Jean-François. "Analyse critique des contrats entre concubins." Bordeaux 1, 1987. http://www.theses.fr/1987BOR1D023.
Full textAgreements among concubinaries, which are naturally bound by general theory of agreements, are more and more frequent in practice nowadays, and have a considerable incidence on family law subsequent development. This situation comes from the increasing number of concubinages since about ten years, and disaffection shown by our contemporaries to marriage institution, surely eminently protective for people and one's patrimony. Critical analysis of these different agreements apt to be concluded in natural family, to ensure concubinaries juridical security, points out the difficulty that right may meet to surround very varied sociological situations and patrimonial dangers that full and entire contractual freedom may represent, in the bosom of family group. This evolution, that is stated furthermore in the bosom of legitimate family as well, seems to lead to a total disharmony of family legislation
Gilles, Anne-Marie. "Le couple en droit social." Bordeaux 1, 1994. http://www.theses.fr/1994BOR1D038.
Full textSince the term "couple" has become a category in social law, an explanation of its limits became necessary. Guided to economic realism, social law is keeping at a distance formal legal link and takes into acount immediate economical link. But social law specificity shouldn't be magnified. There is no economical pattern for the couple and marriage remains the reference. The real difference between social and civil law about what a couple is appears through the study of relationships between the members of a couple. While civil law has steadily evoluated in the sense of a greater autonomy of individuals, social law stands for an interdependance of couple members as shown by the substantial part played by derived rights in social protection. This interdependence is moderated in proportion with resistance demonstrated to unimarried couples by positive law. The setting up of a uniform status for couples prooves useless. On the contrary, a legislative act in order to rule an assumption for the couple should be promoted
Dohotariu, Anca. "Le couple non marié en Roumanie et en France : une approche de sociologie comparée." Paris, EHESS, 2010. http://www.theses.fr/2010EHES0087.
Full textFor over thirty years international reflections on family and private life have tried to understand the deep meanings, expectations and contemporary values of reference that organize the life of a couple. What about Romania? Following a totalitarian regime, the period alter 1989 is characterized by profound transformations of representations and practices of living together. These transformations, more visible among the young population, concern both the spread of cohabitation, the gradual emergence of democratic values and the slow but profound transformation of marriage itself to date these changes have not received the deserved attention from researchers, with few analyses and data available. This thesis presents the results of the first sociological qualitative study dedicated to the unmarried couple in Romania. It is a comparative study based on nearly a hundred in-depth interviews carried out in Bucharest and Marseille. My goal was to observe how the category of the couple is redefined today, and particularly how the representations, practices and values include the issue of gender equality. Further, I was interested to investigate to what extent and how these current changes position Romania in the evolution of contemporary modernity. This work is a comparative study on Romania and France, whose purpose is to capture the similarities and differences between these countries
Chaupain, Sabine. "Analyse microéconomique des comportements des bénéficiaires de l'allocation parent isolé (API) : comportements de cohabitation, d'offre de travail et de fécondité face à une préstation à durée limitée." Nancy 2, 1998. http://www.theses.fr/1998NAN20001.
Full textThe "allocation de parent isolé" (api) program (French lone parent benefit) has one specific aspect : this social transfer is time-limited. The api benefit is only paid during twelve months or, if the youngest child is less than three years, until the third birthday of this child. The focus of this ph. D. Thesis is on the effects of this time-limit on microeconomic behaviors of recipients. In the theoretical part of this thesis, three economic behaviors are particularly studied: living arrangements, labor supply and fertility. For each behavior, a critical analysis, based on existing research is made and an original model, where the time limit of api is included, is developed. In the second part, theoretical assumptions are tested. We used longitudinal data on those 8 900 women who received api in the local administrative area of Meurthe-et-Moselle between July 1991 and June 1996. Duration models and logit models are employed. The main conclusion is that the recipients are incentive to leave the system before the end of their entitlement: recipients exit by working or by cohabiting or because their incomes increase
Randoux, Nicolas. "La résidence principale." Lille 2, 2008. http://www.theses.fr/2008LIL20019.
Full textRecent legislative reforms have given rise to a notion that is taking on new and increasing importance, that of the main residence. The multiplicity and diversity of the references topical to this subject do not prevent it from having a real coherence in the whole picture. The main residence is an independent concept connected with satisfying the primordial need of each one to have somewhere to live. It brings a profoundly innovative and creative reply to the question of the right to housing in its most complete sense. The main residence is expressed as the housing of the person, in the full sense of this phrase. When the individual is considered as being outside the family domain, the autonomy of the main residence is evident. But its fragility leads the legistator to draw up protection attached both to its value and to its nature. In the family domain, long ignored in favour of family housing, the main residence, with its accumilated individualisms, appears so increasingly right that a latent autonomy can be recognised here. When there is a rupture in the family group, each one wants at least to obtain rights to it. Whether its attribution is favoured or, quite the opposite, disputed, the main residence can be totally considered as housing for a member of the family and therefore reveals the very evolution of the status of the person
Vich-Y-Llado, Dominique. "La désunion libre /." Paris ; Budapest ; Torino : l'Harmattan, 2001. http://catalogue.bnf.fr/ark:/12148/cb37709757m.
Full textMisquilin, Lara Fernanda Portilho dos Santos. "O concubinato como estratégia de poder no baixo medievo: o caso de D. Leonor de Guzmán e Alfonso XI de Castela (séc. XIV)." Universidade Federal de Goiás, 2016. http://repositorio.bc.ufg.br/tede/handle/tede/7636.
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The present paper aims to discuss the royal-nobility relations during the reign of Alfonso XI of Castile (1311-1350), with a view to his copacetic relationship with the noble Sevillian Leonor de Guzmán (1310-1351). This research investigates the relationships built between Alfonso XI and his concubine’s family as a feasible means of their royal governance in interchange with the fourteenth-century context marked by the crusades mission against Moors and Muslims, which was installed in the Iberian Peninsula; the internal political situation in Castile; and diplomatic relations with the Kingdom of Portugal during the reign of the monarch. So, in this work we examine the strategies of matrimonial agreements adopted during the rule of Alfonso XI and the analysis of his non-marital relationship with Leonor de Guzmán. And in addition, its political developments as a strategy to empower a royal supremacy as the political instability was established (the purpose of this research) as dialogue of medieval royalty and nobility spheres acting like political forces that complement each other, sometimes by disputes and conflicts, or by solidarity and mutual support. That way, it seems unsatisfactory to support the relationship of Alfonso XI with Leonor de Guzmán in emotional matters in a society that had affection in second plan. There for, we stress the importance and convenience for the regal in maintaining close relations with the noble alignment of the family.
Esta pesquisa tem por objetivo discutir as relações régio-nobiliárquicas no reinado de Alfonso XI de Castela (1311-1350), tendo em vista a relação de concubinato com a nobre sevilhana D. Leonor de Guzmán (1310-1351). Nesta dissertação investigamos as relações construídas entre Alfonso XI e a família de sua concubina como meio viabilizador de sua governança régia em diálogo com contexto quatrocentista,marcado pela missão cruzadística contraos muçulmanos instalados na Península Ibérica; a conjuntura política interna em Castela; e as relações de diplomacia com o reino de Portugal durante o reinado do monarca. Para tanto,neste trabalho, as estratégias dos acordos matrimoniais adotados durante o reinado de Alfonso XI ea analiseda relação concubinária com D. Leonor de Guzmán e seus desdobramentos políticos, enquantouma estratégia de poder à instabilidade política instaurada está no escopo desta pesquisa, enquanto diálogo das esferas da realeza e nobreza medievaiscomo forças políticas atuantes, que se complementam, ora por disputas e conflitos, ora por solidariedade e apoio mútuo. Dito isto, parece-nos insuficiente respaldar a relação de Alfonso XI com D. Leonor de Guzmán em questões afetivas numa sociedade que secundarizava os afetos, e assim sendo, sublinhamos a importância e conveniência régia em manter estreitas relações com o eixo familiar da referida nobre.
Robinson, Majied John. "Prosopographical approaches to the nasab tradition : a study of marriage and concubinage in the tribe of Muḥammad, 500-750 CE." Thesis, University of Edinburgh, 2014. http://hdl.handle.net/1842/9464.
Full textSchwart, Jean-Baptiste. "Recherches sur l'existence d'un droit commun du couple." Thesis, Nantes, 2017. http://www.theses.fr/2017NANT2042/document.
Full textOriginally, the differences between marriage, French Civil Partnership (Pacs) and cohabitation were significant both from the point of view of the conditions of formation and of the effects during or after the union. Over reforms, similarities between the different types of unions have increased, to the point where, according to some, a common law for couples becomes a reality. However, despite the similarities, the law reforms gave rise to disparate rules but in no way to a common law for couples. The convergence between the different types of couples is undeniable, but the rules on couples tend to accumulate in a disorganised manner. From the heterogeneity, two fundamental values appear : respect and solidarity. Therefore, if de lege lata, it is an exaggeration to assert that the common law of couple is a reality, however the emergence of common rules about the different types of couple is a reality. The common law is embryonic. De lege ferenda, in general terms, a balance must be struck between a common law for couples. based on a humanistic approach and the preservation of conjugal pluralism
Lamarche, Marie. "Les degrés du mariage." Bordeaux 4, 1997. http://www.theses.fr/1997BOR40032.
Full textYildirim, Gulsen. "L'autonomie financière dans la communauté de vie /." Limoges : PULIM, 2001. http://catalogue.bnf.fr/ark:/12148/cb376599420.
Full textCohen, Jean-Marc. "La fiscalité des couples : réflexions sur la notion de foyer." Nice, 2007. http://www.theses.fr/2007NICE0043.
Full textBefore 1999, the concept of couple did not exist in law. Multiple reforms have modified the understanding of couples by law. At present tax law takes into account new civil statuses by integrating them into the taxation of household incomes and family taxation law. Therefore, the legal relationship between the elements of a couple is important in the search for legal statuses. The legitimacy to impose tax on a ‘household' is disputed though, because of increasing tendencies to individualise taxpayers. Henceforth, the disappearance of the monopoly of the link of alliance and the steady disintegration of cohabitation have both modified the functioning of the tax system to cope with the evolutions of the household. In this respect, the community law has influenced the tax system of couples and the existence of a double international tax residence has modified the taxation of household incomes
Avramo, Audrey. "Les conditions de vie du couple : essai sur les obligations conjugales." Toulon, 2004. http://www.theses.fr/2004TOUL0043.
Full textLiving in and out of wedlock are two life choices both recognized by law and society. In spite of having lost part of its appeal, the institution of marriage remains the more powerful of the two as it is the institutionalized form of life partnership. The institution of marriage or wedlock, is the bluepoint to all life partnerships, the basis from which all rights and obligations of marriage are transfered to common law usage either trough substitutes in (common) law or trough the means of particular statutes namely the PACS (civil pact of solidarity) in France. The emergence of judicial rules between unmarried partners therefore tend toward the same goal as that of married partners. What is of import, is the economic safeguard of the weaker, or less well off member of the union. Living standards are at the heart of marital obligations which are there to ensure the smooth running of the partnership however the latter came to be constituted. These obligations survive beyond the breakdown of the union so as to protect the weaker member in the material aspects of his or her life
Rattanapibul, Suchada. "Les couples hors mariage en droit français : modèle pour la Thai͏̈lande." Université Robert Schuman (Strasbourg) (1971-2008), 2002. http://www.theses.fr/2002STR30007.
Full textIn France, an un married couple, whether homosexual or not, can live in concubinage or enter a " pacte civil de solidarité (PACS" (" Partnership "). A concubinage is always a factual situation as defined by the statute n° 99-944 of November 15th, 1999. A PACS is a contract entered into by a couple which can't or don't want ta marry. Although there are provisions relating ta property, a PACS neither regulates nor the status of children, nor the relationship parents-children, adoption, nor artificial insemination. In Thailand, a situation of fact like concubinage exists for a couple, heterosexual as weil as a homosexual, but no texte nor case-law openly accept this situation. There are always the obstacles of morals, standards, and culture, despite the influence of modern life. Eventhough the different notions of family life exist in the two countries, the evolution of the Thai family today tends towards the way it is in France, French laws may possibly be of service in Thailand for the new dispositions
Chen, Shirong. "Le concubinage dans la Chine contemporaine : études sur le phénomène “Bao ernai" (la garde de la deuxième femme) en milieu urbain côtier." Paris 8, 2011. http://www.theses.fr/2011PA083542.
Full textSince 1980, the phenomenon of Ernai (a maried man takes in charge of a second wife by living together with her without being seen by the spouse of the man) has been come out firstly in the coastal towns of southern China where the economy is relatively developed. It is an exchange of financial and material assistance given by a married man against the sexual service provided by a woman often single. In these relations between men and women, it is possible that the couple is in love each other, it also happens that the couple's interest is rather a commercial transaction. Many Ernai are from the poor regions. In the previous research, the Ernai are classified mostly in the framework of prostitution. But they have also some characteristics like the ancient concubinage of Qie. The action of Ernai is considered passif, given that men maintain active role throughout the process. There are few systematic studies on the subject. This paper tries to explore the belonging of these Ernai with doing a tour in the past in order to better explain this phenomenon
Boysson, Benoît de. "Mariage et conjugalité : essai sur la singularité matrimoniale." Lyon 3, 2010. https://scd-resnum.univ-lyon3.fr/in/theses/2010_in_deboysson_b.pdf.
Full textFrench conjugal law is undergoing profound changes and the singularity of marriage is gradually veiled. Rise of freedom, promotion of equality as well as redistribution of wills in family law (change of public order, affirmation of the autonomy of the will, development of the judge’s role) led to the legal emergence of common-law marriage and facilitated the PACS’ “matrimonialisation”. Last civilian reforms go even further, since they tend to consider the couple as a unique reference, regardless of its form. While many difficulties prevent the French legislator from creating a common status for couples, we cannot accept that such a status be implicitly used to provide similar effects to three distinct legal concepts. Differentiation is a legal requirement. Despite the partial transposition of the marital protection to the other kind of unions, marriage remains singular. It still has a particular nature (a solemn act-condition), a vocation for life, an ambitious conjugal object (common life supported by an extensive system of duties), and a real family impact (links with reproduction, parentage, parental authority and legal protection of family). Civil marriage concept is also underpinned by a unity principle, which leads to the rejection of "gay marriage" as long as it will be maintained. The invocation of a neutrality principle does not allow the legislator to withdraw from conjugal law by letting it develop erratically. This situation cannot persist: it is imperative that legal consistency be maintained i. E. A correspondence between the types of commitments and their effects. Moreover, the uniqueness of marriage and its legal benefits for spouses, children and family, may justify that this status be encouraged
Baby, Wilfried. "Les effets patrimoniaux du pacte civil de solidarité : l'invention d'une nouvelle forme de conjugalité." Toulouse 1, 2012. http://www.theses.fr/2012TOU10017.
Full textHilt, Patrice. "Le couple et la Convention européenne des droits de l'homme : analyse du droit français /." Aix-en-Provence : Presses universitaires d'Aix-Marseille, 2004. http://catalogue.bnf.fr/ark:/12148/cb39160801k.
Full textVillet, Luc. "Les relations patrimoniales dans les familles recomposées." Nantes, 2001. http://www.theses.fr/2001NANT4002.
Full textThe patrimonial relations in the recomposed families are marked on a side by a certain mistrust, and on another side by a will of recognition which runs up against the substantive law. Mistrust in the partimonial relations, comes first of all from the influence from last on the family second. The dissolution of the former union indeed has patrimonial consequences of which it will be necessary to hold account in the organiszation of the inheritance of the new couple. The influence of the past, it is also the mistrust of the legislator with regard to this new partimonial organization, withthe installation of a protective mode for the children resulting from a first bed. But mistrust also comes from the precariousness of these patrimonial relations with, in a general way, the legal documents likely to reduce the rights of the children, and a special way, in the recomposed families resulting from a marriage or remariage, the risks related to a change of marriage settlement. However, beside this mistrust, almost traditionnal, a will of recognition of the patrimonial relations in the recomposed families continues today. This recognition passes initially by a greater freedom, than it acts of gratifier the childre,, including the children of the spouse or boyfriend, or than it is a question of creating a link of filiation with this last, by carrying out a true choice and not a choice dictated by tax considerations. But the recognition, it is as more equality in the recomposed families, and first of all more equality between the children, as it acts of the devolution of the goods at the time of the death of their author, or the distribution of the goods at the time of liberalities. It is then more equality between the recomposed families and the other famillies, by the recognition of the emotional relationship and the improvement of the existing legal rules, so that the patrimonial relations in the recomposed families can be fully expressed, without calculations nor artifices
Rodrigues, Isis Menezes de. "Visitações eclesiásticas: do delito à punição- Mariana (1722- 1743)." Universidade Federal de Juiz de Fora (UFJF), 2009. https://repositorio.ufjf.br/jspui/handle/ufjf/3850.
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O objetivo deste trabalho é entender a atuação da Igreja Católica junto à população das Minas Gerais no que diz respeito ao controle da moral e dos bons costumes. Veremos que através deste controle religioso a mulher negra forra recebeu a maior atenção por parte da Igreja, orientada por um projeto que esteve ao longo de todo o século XVIII pautado pelas Visitações Eclesiásticas. Assim, nossa pesquisa centrou-se na análise da cidade de Mariana, em Minas Gerais, entre os anos de 1722 e 1743. Abordamos a explosão das manumissões como um fator essencial tanto para o Estado português quanto para a Igreja Católica acreditarem que esta cidade deveria receber uma maior atenção. Desta forma, era preciso organizar a população nos moldes europeus. O modo encontrado pela Igreja baseou-se nas incursões religiosas em solo colonial através destas Visitações.
This work aimed to understand the Catholic Church performance on the population of Minas Gerais in relation to the moral control. It will be seen that, through this religious control, the free black women have received a large attention from the Church, that was guided by a project based on Ecclesiastical Visitations throughout the century XVIII. This study focused on the analysis of the city of Mariana, in the state of Minas Gerais, from 1722 to 1743. The manumissions boom is considered in this work as an essential factor so that the Portuguese state and the Catholic Church believed that this city should receive a bigger attention. This way, it was necessary to organize the population in the European standards. The manner found by the Church was based on religious incursions in the colony through these visitations.
Lind, Göran. "Common law marriage : a legal institution for cohabitation /." New York [u.a.] : Oxford Univ. Press, 2008. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=016728851&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.
Full textYildirim, Gulsen. "L'autonomie financière dans la communauté de vie." Limoges, 2000. http://www.theses.fr/2000LIMOA001.
Full textMignot, Jean-François. "Formation et dissolution des couples en France dans la seconde moitié du XXe siècle : une évaluation empirique du pouvoir explicatif de la théorie du choix rationnel." Paris, Institut d'études politiques, 2009. http://www.theses.fr/2009IEPP0032.
Full textWhile the drop in marriage rates and the increase in cohabitation and divorce rates that occurred in Western countries since the 1960s or 1970s are well known, the reasons why these trends developed remain elusive. This thesis aims at understanding these and other sociodemographic phenomena by using rational-choice explanatory models and testing them on aggregate data (both international and French) and on individual French data (regression and event-history models estimated mainly from the French Study of Family History survey (1999)). Thus, this thesis addresses the following questions: 1. Why do French people get married less and less and later and later, and why do they cohabit more and more?2. Why are men generally older than their spouse?3. Why do French couples get divorced and separated more and more ?4. Why do couples with certain characteristics get divorced more often than others ?5. Why is it women (not men) who generally file for divorce and initiate the divorce?It appears that, despite some unavoidable difficulties in its application to certain data, rational-choice theory is a precious tool for social scientists: a systematic use of this theory not only gives a better understanding of observed phenomena, it also raises original research questions
Rotgé, Laurent. "Le conjoint en droit pénal." Nice, 1999. http://www.theses.fr/1999NICE0052.
Full textBerdeaux-Gacogne, Florent. "L’affectio copulae." Paris 10, 2007. http://www.theses.fr/2007PA100162.
Full textThe couple has established itself as a French substantive law’s notion within the last fifteen years. Our work aims at demonstrating that, beyond marriage, pacs (civil union for unmarried couples) and common-law marriage (no matter the partners’ gender), this notion is built on the same element, shared by every single legal couple: affectio copulae, that is the intention to live as a couple. It is expressed in the community of life and always founds the couple as such even if the gathering of the material conditions that would allow it does not exist. In every legal couple however the disappearance of affectio copulae is the legal cause for the couple’s dissolution. It is the same intention whatever the couple’s type; the law does not take it into account though if the couple does not show signs of a longevity’s potential and does not fit in certain values (monogamy, fidelity, mutualisation of resources) without which there is no affectio copulae nor therefore a couple as such
Silva, Marcos Alves da. "Da superação da monogamia como princípio estruturante do estatuto jurídico da família." Universidade do Estado do Rio de Janeiro, 2012. http://www.bdtd.uerj.br/tde_busca/arquivo.php?codArquivo=4286.
Full textThe thesis proposes new foundations to approach the contemporaneous conjugality, specially referring to the overcoming of monogamy as a structural foundation for the juridical status of the family. Some essential ideas permeate the thesis and guide the discussion of the topic: (i) monogamy as the juridical institute able to legitimize the masculine domination; (ii) attention to the construction of no-Law zones and to the invisibility of some persons, mainly concubines, that are not entitled to the ownership of rights; (iii) the concubinage, an important field of study, is referred and analyzed as a exclusionist status; (iv) the decisive factors for the reconfiguration of contemporaneous conjugality: democracy, cultural pluralism and laicization of Law; (v) a constitutionally based Civil Law perspective is the foundation for the construction of the thesis discussions, and the constitutional principles of human dignity, solidarity, equality, freedom and democracy serve as tests to the main thesis proposal: the overcoming of monogamy as a structural basis for the juridical foundation of contemporaneous family. The perspective adopted in this study is perforce interdisciplinary, and the discussion, even if topical, with historians, anthropologists and sociologists and, also, with some authors from natural sciences, has been essential. The monogamy principle consolidated in the Occident by the Canonic Laws monopoly on the regulation of familiar relations, especially regarding decrees and Tridentine canons, and transported to the State juridical domination by the Bourgeois Revolutions is subjected to an effective loss of strength in the reconfiguration of contemporaneous conjugality. The overcoming of male domination, the laicization of the State and the Law, the primacy achieved by private autonomy regarding the field of existential and co-existential subjective situations, the consecration of the pluralism of familiar entities as a principle, a clear a expression of the democratization of the intimacy, are decisive factors for the overcoming of the monogamy as a juridical principle.
Ahoure, Mobio Sophie Julie. "L'évolution de la conjugalité en France et en Côte d'Ivoire." Thesis, Toulouse 1, 2020. http://www.theses.fr/2020TOU10017.
Full textSociety has evolved in many areas so it has left its mark on some of family law. The evolution in the family domain is well marked by freedom and equality throughout the centuries. Sometimes forced to start a family willingly, we nowadays notice this freedom to contract or not to marry. Thus each citizen grants the right to freely choose his sexuality without having to break the pre-established standards. This same privilege also gives him the right to break this union in an established or framed way on the one hand and sometimes on the other hand in an anarchic way. This development then clearly shows the desire for equality of all citizens before the law by fulfilling Article 1 of the Universal Declaration of Human Rights. The history of family law shows attempts to restore equality, but also the persistence of certain inequalities today. However, family law continues to progress and has to face several reforms, sometimes to the detriment of natural law. These changes from time to time undermine certain moral values and hence the acceptance of many movements. It must therefore be recognized that customary and religious rights are conservative of certain elementary standards of human life. But the maintenance of certain rules and the rigor of the Catholic and Muslim churches did not meet with unanimous opinion. What seems logical and expression of the freedom of each. Freedom being a fundamental right for everyone, its exercise must not hinder that of the other, hence the expression “My freedom ends where that of the other begins”. This is why this work aims to denounce the changes in family rules, deviations, the acceptance of certain cultures, and the sometimes rigid positions of both parties without judgment or passion. The evolution of society will always have impacts on the family and hence this perpetual change. The family’s future is shaped by the desire to discover a mutant family. Will it be ideal for all of humanity? What seems uncertain and indeterminate. One thing is certain without a return to the norms of natural law or to moral values, the search for the family model will always be the subject of great debates. Can we then have equal freedom or equality of freedom? Therefore the future of the family depends on the freedom of each and the equality of all
Olivier, Mathilde. "L' engagement dans la relation de couple chez les 25-35 ans : Une analyse par l’argent." Caen, 2014. http://www.theses.fr/2014CAEN1006.
Full textThis thesis’ goal is to understand the making of couples aged between 25 and 35 in the beginning of this 21st century. While marriage used to indicate the outset in the relationship and to guarantee its durability, nowadays we notice multiple ways to "make a couple". The subject of this research is commitment to the relationship, which definition is the following one : "Process emanating from two people's shared wish to create a connection between them and to make it endure in a joint future. The commitment is all the more strong that its reversible nature is low". The supported theory is that new forms of conjugal commitment exist : it is gradual and safe. Pecunary interpretation brings a double perspective. First, it enables to understand several commiting actions such as living together, signing the PACS agreement, getting married and having a child. Mostly, money management within the couple highlights the fact that contemporary unions both reconcile a desire of a passionate couple (marked by a common management) and a wish to preserve a share of independence and autonomy. This work leans on three different survey techniques : an online questionnaire (623 answers), half-guiding interviews (48) and a secondary data analysis (module "Decisions within the couples" in the survey "Schedule" 2009-2010 by INSEE)
Mattei, Eve Myriam. "Le couple et les conséquences de la séparation." Université Robert Schuman (Strasbourg) (1971-2008), 2002. http://www.theses.fr/2002STR30006.
Full textThe law relative to the civil pact of solidarity marks the entry of the term couple in the Civil code. In the married couples oppose the heterosexual or homosexual common law husbands answering the definition of the article 515-8 of the Civil code, the common law husbands who have a not stable common life nor continue or who do not live together, escaping the definition of the text, the heterosexual or homosexual partners of a civil pact of solidarity. The test of the separation reveals in which measure the way of life, in marriage or out of wedlock, guarantees the economic safety of the weakest member of the couple. For all the individuals and particularly those who are not engaged in the marriage bonds, the gradation in this protection depends on the dose of will which the members of the couple breathe in the organization of their relations. The regulation of the consequences of the separation has for spring the will of the members of the couple. This contractual freedom can not exercise except any state controI. The spouses can not "démarier" without the intervention of the judge. As for the common law husbands, the more they want to do without the right, the more they need it. The movement of contractualisation and "desinstitutionnalisation" of the couple is not unlimited. In spite of the vulgarizing of the patrimonial reports of the individuals living in couple and on the tendency to the conjugalisation of the patrimonial right of the family, he would not know how to exist a single patrimonial right of the couple so much the notion of couple takes on varied realities. The couple would not know, as recognized legal entity, to be endowed with a generative status of legal effects applicable to all the unions answering her definition. The society should not less try hard to garantee the future of the economic status of the members of the couple, envisaged as place of stake in common resources of the interested, whatever is their way of life
Nouisser, Habib. "Les conjugalités : étude comparative France-Maghreb." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1056.
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Gauvenet, Laurence. "La rupture de l'union libre." Paris 1, 2003. http://www.theses.fr/2003PA010263.
Full textEl, Harari Al Shawesh Assma. "Regards croisés sur les unions conjugales : droit français - droit libyen." Thesis, Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCB174.
Full textThe author deals with different forms of marital unions in French and Libyan law. The main questions treated in the thesis are the consequences of marital life and its dissolution
Van, Caillie Olivia. "La protection du partenaire survivant dans le cadre des lois européennes sur la cohabitation non-maritale : étude de droit comparé et de droit international privé /." Zürich : Schulthess, 2005. http://catalogue.bnf.fr/ark:/12148/cb40214216x.
Full textRault, Wilfried. "L'invention du PACS : pratiques et symboliques d'une nouvelle forme d'union /." [Paris] : Presses de la Fondation nationale des sciences politiques, 2009. http://catalogue.bnf.fr/ark:/12148/cb414278478.
Full textFaivre, Raphaële. "L' émergence d'un droit familial alimentaire du couple : étude critique." Lyon 3, 2009. https://scd-resnum.univ-lyon3.fr/in/theses/2009_in_faivre_r.pdf.
Full textIn a context where the family is losing ground to the individual, the study highlights the emergence of a requirement for cohabitants to provide each other with financial support. Marriage serves as an example on which French public authorities model forms of common-law union and “civil solidarity pacts” (equivalent to British Civil Partnerships). With the development of a family model of the couple founded on financial interdependence, French legislators are paving the way for a new set of family laws based on pragmatic economic and social principles. However, this modelling is flawed and brings to light inconsistencies in the current legal treatment of the different forms of union. A critical and forward-thinking analysis, the study identifies mutual financial commitments as being at stake in the contemporary legal treatment of the various forms of partnership, but equally refutes the notion of any adherence to a single approach. The study envisages the possibility of legal codes of collaboration and financial protection adapted to the different forms of union. Diversity, fairness, freedom, legal security and commitment are the guiding principles. The study leads to a reaffirmation of the principle of free-choice which presides over common-law unions, thus excluding any notion of the formalisation of one set of rules for the family, arguing instead in favour of the conservation of informal unions within the sphere of common law and of conventional obligations of financial support. The study proposes the introduction of a requirement for economic collaboration throughout the duration of the union, acknowledged by spouses and partners, and adapted to the individuals' expectations, thus reconciling mutual obligations with independence. Recognising the need for individual protection upon the dissolution of a partnership, this legal framework aims to provide an answer to the economic, social and demographic questions at stake in contemporary France