Relevant bibliographies by topics / Divorce - Law and legislation

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  2. Dissertations / Theses
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Academic literature on the topic 'Divorce - Law and legislation'

Author: Grafiati
Published: 4 June 2021
Last updated: 29 July 2024

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Journal articles on the topic "Divorce - Law and legislation"

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Radchenko, L. "LEGAL REGULATION OF DIVORCE: HISTORICAL DEVELOPMENT AND MODERN PRINCIPLES." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 118 (2021): 116–22. http://dx.doi.org/10.17721/1728-2195/2021/3.118-21.

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The article is devoted to the study of the genesis of legal regulation of the order, conditions and consequences of divorce in its historical aspect, as well as given the current principles of family relations in EU law and foreign law, highlighting the latest trends in divorce relations and outlining the laws of their further consolidation in the family law of Ukraine, formulation of conclusions and proposals aimed at harmonization of national legislation with EU law. The divorce procedure, its conditions and legal consequences are regulated by the legislation of different states in different ways. The regulation of divorce relations is also significantly influenced by national characteristics, traditions, religion and culture. The spread of family relations outside one state necessitates the application of foreign law to regulate such relations. Appropriate conflicts may result from the application of the law of different states regarding the grounds for divorce, the procedure for divorce, as well as the unequal determination of the moment of its dissolution. The article argues that one of the basic principles of Roman private law was the observance of absolute freedom of divorce. However, during the imperial period, and especially with the establishment of Christianity, restrictions were imposed on divorce. The approach to significant restrictions and even prohibitions on divorce has long been observed in the law of European states. Under the influence of the Catholic Church and Christian morality, the recipient law did not allow divorce at all or established restrictions and valid grounds for divorce. Divorce was allowed only as an exception, in the presence of significant circumstances, subject to complicated procedures. Since the second half of the twentieth century, divorce laws have been reformed in many countries, tending to abandon the idea that divorce is a sanction for marital misconduct and moving to the concept that divorce is a statement of a failed marriage. As a result of the reforms, divorces have become more liberalized. The article concludes that the general conflict principle of divorce is the law of citizenship of a spouse or husband (most countries of continental Europe) or the law of the place of residence of the spouses (England, USA and a number of other countries). However, Regulation 1259/2010 provides, in essence, innovative provisions for the choice of the competent legal order in the event of divorce, which enshrines the possibility for spouses to independently choose the applicable law. Keywords: marriage, marital relations, divorce, termination of marriage, EU law, family law.
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Malysheva, Nataliia. "Environmental law and natural resource law: if “divorce” is relevante?" Yearly journal of scientific articles “Pravova derzhava”, no. 33 (September 2022): 334–45. http://dx.doi.org/10.33663/1563-3349-2022-33-334-345.

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The article examines the problems of the environmental law structural system. The urgency of this issue has increased signifi cantly due to the repeated attempts of some researchers to justify the need to separate from the environmental law of its natural resource unit and create a new branch of law, along with environmental law, the subject and scope of which will be signifi cantly narrowed. A brief historical digression into the study of the relevant issue in Ukrainian science over the past 60 years was made. The connection between the evolution of legal thought and the development of environmental legislation at diff erent stages is substantiated. The views of modern supporters of such a question are analyzed. Attention is focused on the signifi cant disagreements of researchers in understanding the subject and system of the proposed new branch of law: some of them suggest a separation of utilization, on the one hand, and protection, on the other; others are talking about the allocation in some areas of diff erentiated regulation of relations for the utilization and protection of certain natural resources while leaving in the fi eld of environmental law regulation of integrated environmental relations; from time to time there are other approaches that never completely coincide with each other, even among supporters of the independence of natural resource law. It is emphasized that such inconsistency of researchers’ opinion only delays the process of systematization of environmental legislation, which is long overdue, especially from the standpoint of law enforcement. The relationship between the system of law and the system of legislation is studied in the context of preparation for the systematization of environmental legislation. The conclusion is made about the need to preserve the unity of the branch of law that regulates relations in the system «man - nature». Key words: environmental law; natural resource law; branch of law; system of law; system of legislation; systematization of environmental legislation
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Sulistiono, Joko, Akhmad Haries, and Maisyarah Rahmi. "The Role Of Non Judge Mediators Providing Guarantee Of Women's Rights Protection In Divorce Cases." Al Qalam: Jurnal Ilmiah Keagamaan dan Kemasyarakatan 16, no. 4 (June 8, 2022): 1349. http://dx.doi.org/10.35931/aq.v16i4.1059.

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<p><em>The mediation process encountered obstacles. The role of non-judge mediators to protect women's rights in divorce cases was needed in the mediation process. This study aims to determine the role of non-judge mediators in providing guarantees for the protection of women's rights in divorce cases at the Samarinda Religious Court and to find out the obstacles to guaranteeing the protection of women's rights that occur in the mediation process in divorce cases at the Religious Courts. This type of research is normative empirical using descriptive qualitative research methods with data collection techniques in the form of observation, interviews, documentation, supported by legislation and legal norms in society. Research Qualitative data analysis techniques, in the process of analysis with data reduction (selection process). The results obtained from this study are that the role of non-judge mediators at the Samarinda Religious Court has provided protection for post-divorce women's rights in cases of talak and divorced divorces with the same rights. Obstacles in the mediation process to protect women's rights after divorce, namely the purpose of the Religious Courts is only to formalize Divorce in state law, the absence of good faith from one party can be caused by not wanting to divorce or not wanting to meet again with other parties, the inability of the parties economically to fulfill women's rights after divorce.</em></p>
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Brown, Thea, Alison Lundgren, Lisa-Maree Stevens, and Jennifer Boadle. "Shared parenting and parental involvement in children's schooling following separation and divorce." Children Australia 35, no. 1 (2010): 7–13. http://dx.doi.org/10.1017/s1035077200000912.

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Although the new family law legislation, the Family Law (Shared Parental Responsibility) Amendment Act of 2006, seeks to implement the notion of ongoing and collaborative parenting of children following parental partnership breakdown, separation and divorce, institutional obstacles still prevent the realisation of this policy. The question then arises: can such a model of separation and divorce be achieved? This question is examined through a discussion of a series of studies undertaken by a Monash University research team investigating parents' involvement in their children's schooling following parental separation and divorce. The research, building on a number of small studies carried out in Western Australia, looked at parents' and teachers' views of schools' ability to relate to separated and divorced parents and the wider difficulty of schools managing this family form.
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Misran, Misran, Dhiauddin Tanjung, and Pagar Pagar. "Telaah kritis upaya peninjauan kembali dalam perkara perceraian di peradilan agama perspektif mashlahat al-mursalah." JPPI (Jurnal Penelitian Pendidikan Indonesia) 10, no. 2 (May 10, 2024): 137. http://dx.doi.org/10.29210/020242610.

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This paper aims to analyze the impact and legal consequences of extraordinary legal efforts for judicial review in the religious courts of divorce cases from the perspective of mashlahat al-mursalah. The method used is normative legal research using multiple approaches including legislation, cases, and a comparative approach with data analysis techniques using descriptive analysis methods. The conclusion of this study shows that legal remedies for judicial review of divorce cases that have permanent legal force (inkracht van gewijsde) create new problems (mafsadat) in society, so for the sake of legal certainty, it is better if legal remedies taken against divorce cases are sufficient to the level of appeal. or just appeal. The Compilation of Islamic Law (KHI) has a strategic position to regulate the provisions of the procedural law, considering that the position of KHI so far has not only played a role in regulating material law, it also regulates formal law against Muslim divorces in Indonesia.
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Zekolli Shaqiri, Kaltrina, and Emrije Zuberi. "THE CONCEPT AND CAUSES OF THE DIVORCE UNDER THE LEGAL REGULATION OF THE REPUBLIC OF MACEDONIA AND THE NEED FOR ADAPTATION WITH CHANGES IN THE CONTEMPORARY WORLD." Knowledge International Journal 28, no. 6 (December 10, 2018): 1959–63. http://dx.doi.org/10.35120/kij28061959k.

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The issue of divorce and rising rates in the modern world is one of the most serious problems and social issues that greatly affect the lives of people. Divorce is a human right. It is an expression of individual freedom to want and to choose. Setting up the right to divorce is an expression of civilization today and at the same time it can be considered as significant progress compared to the past because it allows the disruption of the community in which relations between spouses do not function according to the corresponding and prescribed order. Divorced marriages relate to personal and social life very deeply. It causes stress and makes the individual unsuccessful and changes his life. Although many couples agree to stay with their partner to death, many marriages will end up divorcing instead of death. Until almost the divorce was considered as the most difficult marriage dysfunction leading to a complete disorganization of the family. Over time, a system of the so-called "binuclear family" has emerged following the divorce, which suggests that divorce is not death for the family. Over time, a system of the so-called "binuclear family" has emerged following the divorce, which suggests that divorce is not death for the family. This paper will analyze the causes of divorce, which are a multidisciplinary challenge and the use of certain reforms that will overcome the problems that arise in practice as well as the need to align our legislation with the general tendencies of other contemporary European legislation, as well as with international documents. The importance of the institution for divorce as a legal form of termination of the marriage, the importance of applying the international principles and practices of this institution of law, the need to amend and supplement the Family Law of the Republic of Macedonia for more specific regulation of divorce, the need to implement innovations in the positive legislation because it is a necessity and need to adjust the positive laws of the Republic of Macedonia towards those of the EU, as well as from the introduction of an institution family mediation. In order to make this paper better and be able to conceptualize the subject of research from different angles, various research methods such as the historical method, the descriptive method, the normative method and the comparative method will be used. The methods that will be used for this paper will be applied appropriately and will have a scientific and research character. This research will also have an empirical part by which, by analyzing the statistical results of different institutions, which, as a scope of work, also have the issue of divorce, will present a general picture of the relationship of these institutions towards marriage as an institution, statistical data on the number of divorces in the Republic of Macedonia and the most common reasons that lead to the divorce.
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Khasan Alimudin and M. Rifa Jamaludin Nasir. "Normative Harmonization: The Eclecticism of Talak Law as a Compromise between Islamic Legal Principles and Indonesian Legislation." QURU’: Journal of Family Law and Culture 2, no. 2 (April 26, 2024): 192–210. http://dx.doi.org/10.59698/quru.v2i2.187.

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This article discusses the validity and legal consequences of divorce in Islamic law and positive law in Indonesia. This research uses a qualitative approach with deductive analysis method and literature study with Normative-Juridical approach. The results show that divorce is considered valid in Islamic law if it fulfills the predetermined conditions. On the other hand, in Indonesian positive law, divorce is recognized as valid if it is carried out through a court hearing process in accordance with Law No. 1 of 1974 concerning Marriage. In terms of post-divorce legal consequences, both Islamic law and Indonesian positive law regulate the rights, positions and obligations of former husbands and wives. Indonesian positive law, particularly in relation to divorce, has undergone legal eclecticism, incorporating the principles of legality, justice and humanity. Meanwhile, in the context of Islamic law, these principles are manifested in the concept of mashlahat, which covers five aspects, namely the maintenance of religion, soul, mind, offspring, and property.
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Ojha, Niranjan. "Halala: An Exceptional Marriage Practice in Islam." Journal of Development Review 6, no. 01 (January 30, 2021): 40–47. http://dx.doi.org/10.3126/jdr.v6i01.66921.

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The study of a religious minority like Muslims keeps greater importance in the country like Nepal where the majority population is Hindu. Marriage, divorce are the common phenomenon of the society. Remarriage after divorce is also common in Nepali society but remarriage with same bride after divorce in Muslim community is exceptional and the process is very curious to Nepali society. This paper tries to discuss the exceptional marriage practice in Islam i.e. Halala marriage. Marriage is a contract between bride and groom for the purposes of the legislation of intercourse, procreation of children and the social contract between husband and wife. Muslims practices marriage ritual according to the Muhammadan law. According to Holy Quran, if a husband divorces his wife, he is not allowed to remarry her until she has married to another husband and he has divorced her. Halala marriage is a practice in the Muslim community which allows a man to re-marry his wife after Triple-Talaq. Halala has been severely criticized as it harms the dignity of a woman by forcing her into a compromised sexual relationship. This research attempts to deal with the overall scenario of Nikah Halala.
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Tarusina, Nadezhda N. "Negative Continuity in Family Law: A Few Touches to an Expressionist Portrait." Vestnik Yaroslavskogo gosudarstvennogo universiteta im. P. G. Demidova. Seriya gumanitarnye nauki 16, no. 1 (March 17, 2022): 70. http://dx.doi.org/10.18255/1996-5648-2022-1-70-81.

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The article is devoted to the analysis of the legislation of the 30s and 40s regarding marriage and the family - the rejection of legal recognition and the identification of the actual protection of marriage, the establishment of a very strict and consistent divorce procedure, the appeal to the truncated status of children born out of wedlock. Its review and evaluation is offered. Emphasis and statements are made on those normative-legal components of the legislation, which, either in full or in a significantly truncated version, are adopted, within the framework of continuity, by subsequent legislative decisions. In particular, we are talking about the continuing, despite legislative initiatives, denial of the need for at least partial protection of the interests of actual spouses (especially those with common children), about “rudimentary echoes” in modern norms on the judicial establishment of paternity of negative (regressive) decisions of the 40s , as well as a specific public component of the divorce process, which obliges the court to decide on issues not declared by the parties. It is emphasized that the effectiveness of strict legislation in the field of marriage and family is apparent and socially harmful, does not correspond to the nature and essence of family relations.
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Lestari, Lestari, Siti Zailia, and Legawan Isa. "Praktek Cerai Rujuk di Desa Pedamaran Menurut Hukum Islam dan Hukum Positif." Muqaranah 6, no. 2 (December 26, 2022): 99–112. http://dx.doi.org/10.19109/muqaranah.v6i2.14545.

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Referral divorce practices must be carried out in the Religious Courts. However, there are still many people who divorce and reconcile without involving the Religious Courts, as is often done by people in Pedamaran Village, Pedamaran District, Ogan Komering Ilir Regency, South Sumatra. Therefore, this research wants to know about the implementation of the divorce practice in Pedamaran Village which will be studied in terms of Islamic law and applicable legislation. The aim of the research is to find out how the study of Islamic law and legislation regarding the practice of divorce is referred to in Pedamaran Village. This type of research is field research, meaning that this research is carried out directly on the research object to obtain complete data. The data collection techniques in this study were carried out using observation, interview and documentation techniques. The approach method uses the comparative method. The results of the study show that the practice of referral divorce carried out by the Pedamaran village community is in accordance with Islamic law, so that the practice of referral divorce is legal. However, according to Law Number 16 of 2019, the practice of divorce and reconciliation in Pedamaran Village is illegal, because the divorce was not carried out at the Religious Court and reconciliation was not carried out in front of the marriage registrar. This shows that there are still many people who have not complied with the applicable laws and regulations, so it is necessary to hold socialization so that people are aware of the law.
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Dissertations / Theses on the topic "Divorce - Law and legislation"

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Manjikian, Sevak. "Islamic Law in Canada: Marriage and Divorce." Thesis, McGill University, 2007. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=102836.

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Islamic Law in Canada: Marriage and Divorce provides an analysis of how Canadian society and the Canadian judicial system have responded to the use of the Shari'a to resolve issues relating to Islamic marriage and divorce in Canada. This dissertation explores two instances where Canadian society has been forced to address the role of the Shari'a in Canada and its interaction with Canadian laws and values. The first involves the debate that took place in Ontario over the last decade concerning the use of Islamic arbitration in family matters. This public debate ultimately led to the rejection of faith-based arbitration in that province, a decision apparently consistent with traditional Canadian attitudes towards multiculturalism. The second area of interaction between Canadian and Islamic law is within the Canadian court system itself. In particular, Canadian judges are occasionally required to grapple with Islamic family law issues when rendering judgments on certain cases that appear before them. This dissertation will examine a number of such cases in order to illustrate how the Shari'a has been addressed by Canadian judges. The overall aim of this work is to situate Islamic law within Canada's liberal framework. It is argued that although Canadians are amenable to certain levels of diversity, values that fall outside mainstream liberalism are not granted recognition. This dissertation will also demonstrate that the failure to legitimize Islamic arbitration represents a lost opportunity that would have broadened the scope of Canadian justice to include minority voices. The decision to reject faith-based arbitration will motivate some Muslims to seek justice from ad-hoc bodies of authority. Devoid of government oversight, these forms of underground Islamic justice may negatively affect certain members of Canada's Muslim community.
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Smirensky, Alvian N. "Matrimonial legislation in imperial Russia, 1700-1918." Theological Research Exchange Network (TREN), 1995. http://www.tren.com.

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Brooklyn, Bridget. "Something old, something new : divorce and divorce law in South Australia, 1859-1918." Title page, contents and summary only, 1988. http://web4.library.adelaide.edu.au/theses/09PH/09phb872.pdf.

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Coudert, Frederic René. "Marriage and divorce laws in Europe : a study in comparative legislation /." Littleton : (Colo.) : F. B. Rothman, 1993. http://catalogue.bnf.fr/ark:/12148/cb37441423v.

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McGill, Amanda S. "Legal professionals' perception of critical information in child custody disputes." Thesis, Virginia Tech, 1987. http://hdl.handle.net/10919/45800.

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The purpose of this study was to better understand which components of available information are used by legal professionals when making a child custody recommendation decision in Virginia.
Master of Science
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Clark, Brigitte. "An analysis of the effects of marriage, divorce and death on the child maintenance obligation in South African law with some comparative perspectives." Thesis, Rhodes University, 2000. http://hdl.handle.net/10962/d1003184.

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This thesis analyses the law of child maintenance in South Africa with particular reference to the effects of marriage, death and divorce on such an obligation. In the introductory section, the types of South African family are demographically and statistically sketched, from a socio-legal perspective with some reliance on interdisciplinary research to assess the prevalence of the AID/HIV epidemic in South Africa, and the effects of poverty and ageing on the incidence of marriage and death. In the second part of the thesis, the parental child maintenance obligation is analysed in the common law context. The effects of serial marriage and arificial conception are also analysed with regard to their effect on the concept of biological parent. The nature and definition of parenthood is examined and the diverse and fluid nature of parenthood in South African society is stressed, particularly in relation to children's welfare. One of the aims of the thesis is to indicate how parenthood refers to a fluid set of social practices which are both biologically and culturally situated and thus have a complex effect on the maintenance obligation. The procedural problems of enforcement are also analysed in the light of recent amendments to the law in terms of the Maintenance Act 99 of 1998 (not yet in force) and some further proposals for reform in this area are proposed. The third part of the thesis examines the state obligation to maintain children, especially in the light of the state's commitments to children in terms of the Constitution of the Republic of South Africa Act (l08 of 1996) and its international commitments in terms of the United Nations Convention on the Rights of the Child which was ratified by the South African government on 16 June 1995. In the fourth part of the thesis, there is some comparative analysis, firstly, of the procedural law reforms proposed in Namibia as a result of detailed research done there. Secondly, alternative methods of assessing and enforcing child maintenance obligations in Australia and England are examined and briefly assessed in relation to their possible implementation and efficacy in a South African context. Finally, the thesis concludes with an overall synopsis of the position in this country and some proposals for reform in the light of the international and constitutional commitments of the state.
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Du, Preez Johannes Lodewicus. "Pension interest at divorce : a guide to the treatment of pension interest at divorce with reference to the history, the changes made to legislation, and the expected future outcome as based upon the current outstanding issues to be addressed by the legislature and the Minister of Finance." Thesis, Stellenbosch : Stellenbosch University, 2010. http://hdl.handle.net/10019.1/19878.

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Thesis (MAcc) -- Stellenbosch University, 2010.
ENGLISH ABSTRACT: Due to a number of legislative changes, the tax treatment of pension interest at divorce has become a complicated issue, as it is not only affected by the Income Tax Act, but also by the Pension Funds Act as well as the Divorce Act. Because these changes are still fairly new to the industry, there are still a couple of technical issues on which the industry is not clear. In practice there are many articles and writers trying to give some form of guidance regarding the technical issues of pension interest at divorce. The study will refer to case law that affected the changes made to the Pension Funds Act, which led to the institution of the “clean-break” principle. Some of the technical issues with regard to a payment of an award made to a non-member spouse by a divorce order will be included along with a discussion on difficulties and uncertainties arising from the “clean-break” principle. The focus of the study will then be directed towards changes made to the Income Tax Act. Specific reference will be made to the tax on an award made to a non-member spouse by a divorce order. In some cases the tax on such an award will be recovered from the member spouse. The Income Tax Act does however provide for a right of recovery, which will be discussed. The payment of the tax from the member’s individual reserve however constitutes an additional accrual according to the Income Tax Act, which leads to a tax-on-tax issue. A discussion on GN33 will be included, as GN33 addresses the tax-on-tax issue. A chapter on preservation funds is included, as it is important to understand the working of these funds on when a non-member spouse has the option to transfer his/her pension interest to such a fund. The study will then look at an inequitable position in which the member finds him/herself when party to a divorce order made before 13 September 2007. Due to the changes made to the Income Tax Act, a situation arose where the member spouse looses out on all or part of his/her R300 000 tax free benefit as allowed by the Income Tax Act for withdrawals from his/her retirement funds. The study will include considerations for financial planning. The industry is placing more and more emphasis on sound financial planning, and it is therefore important to understand the key considerations, which an advisor or a party to a divorce should consider. The study will include a discussion on some of the outstanding issues, which the industry expects the legislature to address in the near future. As the changes to the Income Tax Act are ever changing and the discussion on pension interest at divorce is still a new topic under discussion, the industry is keeping an eye on the expected changes from the finance ministry and the legislature.
AFRIKAANSE OPSOMMING: As gevolg van ’n aantal veranderinge in wetgewing, het die belastinghantering van pensioenbelang by egskeiding ’n ingewikkelde kwessie geword, aangesien dit nie net deur die Inkomstebelastingwet beïnvloed word nie, maar ook deur die Pensioenfondswet sowel as die Egskeidingswet. Die studie sal verwys na regspraak wat aanleiding gegee het tot die veranderinge wat in die Pensioenfondswet gemaak is en wat gelei het tot die instelling van die “skoon-breuk”-beginsel. Sommige van die tegniese vrae wat betref die betaling van ’n toekenning aan ’n nie-lid-gade by ’n egskeidingsbevel sal ingesluit word saam met ’n bespreking van probleme en onsekerhede wat uit die “skoon-breuk”-beginsel voortspruit. Die fokus van die studie sal dan gerig word op veranderinge wat in die Inkomstebelastingwet aangebring is. As gevolg van veranderinge in wetgewing op spesifieke datums, word ’n toekenning wat aan ’n nie-lid-gade gemaak is in terme van ’n egskeidingsbevel belas onder drie verskillende belastingregimes, afhangende van die datum van die egskeidingsbevel. Daar sal spesifiek verwys word na die belasting op ’n toekenning aan ’n nie-lid-gade. In sommige gevalle sal die belasting op so ’n toekenning verhaal word van die lid-gade. Die Inkomstebelastingwet maak egter voorsiening vir ’n verhalingsreg wat ook bespreek sal word. Die betaling van die belasting vanuit die lid-gade se minimum individuele reserwe word egter erken as ’n addisionele toevalling in terme van die Inkomstebelastingwet wat lei tot ’n belasting-op-belasting kwessie. GN33 sal bespreek word aangesien hierdie algemene nota die kwessie aanspreek. ’n Hoofstuk oor bewaringsfondse word ingesluit, aangesien dit belangrik is om die werking van hierdie fondse te verstaan wanneer ’n nie-lid-gade die opsie het om sy/haar pensioenbelang na so ’n fonds oor te dra. Die studie sal dan kyk na ’n onbillike posisie waarin die lid hom/haarself bevind as hy/sy party was by ’n egskeiding voor 13 September 2007. As gevolg van die veranderinge wat in die Inkomstebelastingwet aangebring is, het ’n situasie ontstaan waar die lid eggenoot ’n gedeelte van sy/haar R300 000 belastingvrye voordeel vir onttrekkings van sy/haar aftreefonds, verloor. Die studie sal oorwegings vir finansiële beplanning insluit. Die bedryf plaas al meer klem op omvattende finansiële beplanning en dit is dus belangrik om die deurslaggewende oorwegings waarmee ’n adviseur of ’n party by ’n egskeiding moet rekening hou, te verstaan. Ten slotte sal die studie ’n bespreking insluit van sommige uitstaande kwessies wat die industrie verwag die wetgewer in die toekoms moet aanspreek.
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Barnabé, Graziela Cristina Farina Ramos Ribeiro 1980. "Processos demográficos e processos jurídicos : o divórcio no Estado de São Paulo a partir dos anos oitenta." [s.n.], 2013. http://repositorio.unicamp.br/jspui/handle/REPOSIP/279607.

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Orientador: Elisabete Doria Bilac
Dissertação (mestrado) - Universidade Estadual de Campinas, Instituto de Filosofia e Ciências Humanas
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Resumo: Esta dissertação se insere nos estudos sobre famílias e suas transformações demográficas no Estado de São Paulo a partir dos anos 1.980 especialmente no que tange ao aumento do número de divórcios nas famílias dessa região. Seu objetivo geral é analisar as relações existentes entre os processos demográficos e os processos jurídicos envolvidos no referido aumento. Os objetivos específicos são, por um lado, analisar se as mudanças concretas observadas nessas famílias foram acompanhadas pelas mudanças jurídicas através das leis, dos projetos de lei, da doutrina e jurisprudência brasileiras, e, por outro lado, investigar se as mudanças jurídicas facilitaram mudanças concretas, contribuindo, assim, para o aumento do número de divórcios. A pesquisa focaliza, portanto, se o Direito acompanhou ou não tais alterações. A investigação empreendida nessa dissertação é fundamentada pela hipótese de que o Direito, através das referidas leis, pode acompanhar as mudanças sociais no que tange ao aumento do número de divórcios. O trabalho foi desenvolvido a partir da análise quantitativa de dados demográficos e da análise compreensiva da legislação brasileira referente ao divórcio. As fontes de dados demográficas utilizadas foram os Censos Demográficos dos anos 1.980, 1.991, 2.000 e 2.010 e os dados sobre casamentos, separações judiciais e divórcios no período de 1.984 a 2.011 das Estatísticas do Registro Civil obtidos no sistema SIDRA do IBGE. Utilizaram-se, como fontes de dados jurídicas, obras do Direito de Família e literatura sobre a matéria de áreas afins. A partir das análises do material colhido constata-se que no Brasil, nas últimas quatro décadas a partir da Lei do Divórcio, o número de divórcios apresentou tendência de aumento bastante significativa, fenômeno que indica mudanças rápidas na sociedade. Observa-se que a cada época em que ocorrem alterações na legislação sobre divórcio, as suas taxas aumentam (em 2.011, a taxa geral de divórcios ¿ TGD ¿ atingiu o seu maior valor desde o início da série histórica das Estatísticas do Registro Civil, em 1.984). No entanto, as taxas de separação judicial apresentam comportamento contrário, diminuindo significativamente (em 2.011 a taxa geral de separação atingiu o menor índice da série)
Abstract: This dissertation inserts itself in the studies about families and the demographic changes in the state of São Paulo since the eighties especially regarding to the increasing number of divorces in families of this region. Its general purpose is to analyze the relations between Demography and Law with the mentioned increase. The specific objectives are, on the one hand, to analyze if the changes observed in these families were accompanied by the legal changes trough Brazilian laws, bills, doctrine and jurisprudence, and, on the other hand, investigate if the legal changes favored concrete changes, thus contributing to the increasing number of divorces. The research focuses, therefore, on whether or not the Law followed such changes. The investigation undertaken in this dissertation is based on the hypothesis that the Law, through referred laws, may accompany social changes regarding the increasing number of divorces. The work was developed from the quantitative analysis of demographic data and comprehensive analysis of Brazilian law relating to divorce. The demographic data sources used were the Censuses of the years 1.980, 1.991, 2.000 e 2.010 and the data on marriages, legal separations and divorces from 1.984 to 2.011 of the Civil Registry Statistics obtained on IBGE's SIDRA system. Legal data sources, works of Family Law and literature on this subject in related areas were employed. From the analysis of the material collected notes that in Brazil, in the past four decades since the Divorce Law, the number of divorces tended to increase quite significantly, a phenomenon that indicates rapid changes in society. Noteworthy is the fact that every time there are changes in divorce legislation, their rates increase (in 2.011, the general divorce rate ¿ GDR ¿ reached the highest level ever since the start of the series of Civil Registry Statistics, in 1.984). However, the legal separation rates exhibit contrary behavior, significantly decreasing (general legal separation rate reached the series¿ lowest level in 2.011)
Mestrado
Demografia
Mestra em Demografia
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Khalaf, Chrystelle. "The Effect of Divorce Law Change on Divorce Rates: A New Perspective." NCSU, 2010. http://www.lib.ncsu.edu/theses/available/etd-03302010-161314/.

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Economic literature attempts to explain the effect of divorce law on divorce rates. Mutual consent divorce law was promulgated in the 1970âs. Although this amendment was a reflection of the social change occurring in the United States of America, unilateral divorce was still feared because some expected it to increase divorce rate. Friedberg and Wolfers made big contributions in this field of study. Friedberg believed that divorce rates have increased as a result of the law change while Wolfers agrees that an initial spike is clear but argues that the effect of the new legislations dissipates with time. I adjust the data they use to take into account separation requirements which they have not considered or merely thought of as an extra cost. Some states did require individuals to separate for a certain amount of time before granting them divorce. I use the same regressions as Friedberg and Wolfers for the same period of time but with a different dependant variable: divorce initiation rate. My results then differ when aligning divorces with the period when they got initiated. I conclude that Friedberg overestimated the effect but that the effect did persist and did not disappear like Wolfers claimed.
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Thompson, Von. "Law reform, conciliation and domestic violence /." Title page, contents and abstract only, 1998. http://web4.library.adelaide.edu.au/theses/09ARM/09armt477.pdf.

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Books on the topic "Divorce - Law and legislation"

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Brodsky, Gwen. Divorce law reform. [Ottawa]: National Association of Women and the Law, 1985.

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lez, Armando E. Gonza. Dominican Republic divorce law. Washington, D.C: Law Library, Library of Congress, 1986.

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Corneloup, Sabine. Droit européen du divorce: European divorce law. Paris: LexisNexis, 2013.

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Davis, Gwynn. Groundsfor divorce. Oxford: Clarendon, 1988.

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Canada. Dept. of Justice. Policy, Programs and Research Branch. and Canada. Dept. of Justice., eds. Divorce law for counsellors. 2nd ed. Ottawa: Communications and Public Affairs, Dept. of Justice Canada, 1989.

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Parliament, Canada Library of. Divorce law in Canada. Ottawa: Library of Parliament, 2001.

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Canada. Dept. of Justice. Policy, Programs and Research Branch. Divorce law for counsellors. Ottawa: Communications and Public Affairs, Dept. of Justice Canada, 1986.

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F, Thomas Daniel, and Maryland Institute for Continuing Professional Education of Lawyers., eds. Maryland divorce & separation law. 4th ed. Baltimore, Md. (520 W. Fayette ST, Baltimore 21201): Maryland Institute for Continuing Professional Education of Lawyers, 1987.

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Maryland Institute for Continuing Professional Education of Lawyers., ed. Maryland divorce & separation law. 3rd ed. Baltimore, Md: Maryland Institute for Continuing Professional Education of Lawyers, 1985.

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Lynne, Ihara Toni, and Elias Stephen, eds. California marriage & divorce law. Berkeley, CA: Nolo Press, 1989.

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Book chapters on the topic "Divorce - Law and legislation"

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Herring, Jonathan, Rebecca Probert, and Stephen Gilmore. "Divorce." In Great Debates in Family Law, 192–216. London: Macmillan Education UK, 2015. http://dx.doi.org/10.1007/978-1-137-48157-3_9.

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Stark, Barbara. "Divorce." In Routledge Handbook of International Family Law, 63–78. Abingdon, Oxon [UK] ; New York, NY : Routledge, 2019.: Routledge, 2019. http://dx.doi.org/10.4324/9781315613079-5.

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Standley, Kate. "Children and Divorce." In Family Law, 172–85. London: Macmillan Education UK, 1993. http://dx.doi.org/10.1007/978-1-349-13082-5_10.

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Standley, Kate. "Obtaining a Divorce." In Family Law, 80–99. London: Macmillan Education UK, 1993. http://dx.doi.org/10.1007/978-1-349-13082-5_7.

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Davies, Paula, and Paven Basuita. "Divorce and dissolution." In Family Law, 143–63. London: Macmillan Education UK, 2017. http://dx.doi.org/10.1057/978-1-137-57552-4_6.

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Holkham, Tony. "Law (Legislation)." In Label Writing and Planning, 104–7. Boston, MA: Springer US, 1995. http://dx.doi.org/10.1007/978-1-4613-1231-4_30.

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Spaak, Torben. "Legislation." In Law and Philosophy Library, 195–205. Cham: Springer International Publishing, 2014. http://dx.doi.org/10.1007/978-3-319-06167-2_12.

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Mnookin, Robert H. "Divorce." In The New Palgrave Dictionary of Economics and the Law, 639–44. London: Palgrave Macmillan UK, 2002. http://dx.doi.org/10.1007/978-1-349-74173-1_122.

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Standley, Kate. "Divorce: the ‘New’ Law." In Family Law, 112–25. London: Macmillan Education UK, 1997. http://dx.doi.org/10.1007/978-1-349-14655-0_9.

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Froehlich, Annette, and Vincent Seffinga. "Alternative Law: Luxembourg’s National Space Law." In National Space Legislation, 125–36. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-70431-9_4.

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Conference papers on the topic "Divorce - Law and legislation"

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Jenko, Aladin. "Divorce problems Divorce from a man does not occur except in court model." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp238-250.

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"Divorce is considered a form of family disintegration that leads to the demolition of the family and family pillars after its construction through the marriage contract and then the termination of all social ties between husband and wife and often between their relatives. Divorce rates have risen to frightening levels that threaten our Islamic societies. Among the most important causes of divorce in our society are the following: The failure of one or both spouses in the process of adapting to the other through the different nature of the spouses and their personalities, the interference of the parents, the lack of harmony and compatibility between the spouses, the bad relationship and the large number of marital problems, the cultural openness, the absence of dialogue within the family. Several parties have sought to develop possible solutions to this dangerous phenomenon in our society, including: Establishment of advisory offices to reduce divorce by social and psychological specialists, and include the issue of divorce within the educational and educational curricula in a more concerned manner that shows the extent of the seriousness of divorce and its negative effects on the individual, family and society, and the development of an integrated policy that ensures the treatment of the causes and motives leading to divorce in the community, as well as holding conferences. Scientific and enlightening seminars and awareness workshops and the need for religious institutions and their media platforms to play a guiding and awareness role of the danger and effects of divorce on family construction and society, and to educate community members about the dangers of divorce and the importance of maintaining the husband’s bond and stability. As well as reviewing some marriage legislation and regulations, such as raising the age of marriage and reconsidering the issue of underage marriage, which is witnessing a rise in divorce rates. Among the proposed solutions is the demand to withdraw the power of divorce from the man's hands and place it in the hands of the judge, to prevent certain harm to women, or as a means to prevent the frequent occurrence of divorce. The last proposition created a problem that contradicts the stereotypical image of divorce in Islamic law, for which conditions and elements have been set, especially since Islamic Sharia is the main source of personal status laws in most Islamic countries. Therefore, the importance of this research is reflected in the study of this solution and its effectiveness as a means to prevent the spread of divorce, and not deviate from the pattern specified for it according to Sharia."
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Anshari, Tunggul. "Forming Legislation: Pluralism Between Adat Law and State Law." In 2018 International Conference on Energy and Mining Law (ICEML 2018). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/iceml-18.2018.75.

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Едреев, Тамерлан Шайх-Магомедович. "LABOR LAW CHANGES: REMOTE WORK LAW." In Научные исследования в современном мире. Теория и практика: сборник избранных статей Всероссийской (национальной) научно-практической конференции (Санкт-Петербург, Май 2021). Crossref, 2021. http://dx.doi.org/10.37539/nitp316.2021.98.33.008.

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В статье проанализированы изменения в трудовом законодательстве об удаленной работе, направленные на минимизацию негативных последствий распространения вируса, как на основе механизмов, уже заложенных в трудовом законодательстве, так и с учетом мер, принимаемых на федеральном и региональном уровне. The article analyzes the changes in labor legislation on remote work, aimed at minimizing the negative consequences of the spread of the virus, both on the basis of the mechanisms already laid down in labor legislation, and taking into account the measures taken at the federal and regional levels.
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Putri, Elfirda, Gede Pratama, and Rona Fajarwati. "Settlement of Collective Property Disputes After Divorce in Positive Law." In Proceedings of the 5th International Graduate Conference in Islam and Interdisciplinary Studies, IGCIIS 2022, 19-20 October 2022, Mataram, Lombok, Indonesia. EAI, 2023. http://dx.doi.org/10.4108/eai.19-10-2022.2329027.

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Nikitin, Aleksey, and Damir Ahmedov. "FORMATION OF RUSSIAN LEGISLATION ON FREEDOM OF CONSCIENCE AND RELIGION." In Law and law: problems of theory and practice. ru: Publishing Center RIOR, 2020. http://dx.doi.org/10.29039/02033-3/055-057.

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This article deals with ensuring the development of the legal framework of public relations in the sphere of freedom of conscience and religion, creating and modernizing means of protecting human and civil rights and freedoms.
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fachrina, fachrina, Maihasni Maihasni, and Sri Meiyenti. "EMPOWERMENT OF EXTENDED FAMILY AND LOCAL INSTITUTION TO PREVENT DIVORCE." In International Conference on Social Sciences, Humanities, Economics and Law. EAI, 2019. http://dx.doi.org/10.4108/eai.5-9-2018.2281063.

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Skaryakina, Elena. ""USURIC INTERESTS" AS NOVELTY OF RUSSIAN CIVIL LEGISLATION." In MODERN PROBLEMS AND PROSPECTS OF DEVELOPMENT PRIVATE LAW AND PUBLIC LAW REGULATION. Baskir State University, 2022. http://dx.doi.org/10.33184/spprchppr-2022-04-22.51.

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Ruzanova, Valentina. "MODERN TENDENCIES IN THE DEVELOPMENT OF CIVIL LEGISLATION." In MODERN PROBLEMS AND PROSPECTS OF DEVELOPMENT PRIVATE LAW AND PUBLIC LAW REGULATION. Baskir State University, 2022. http://dx.doi.org/10.33184/spprchppr-2022-04-22.48.

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Anggraeni, Ricca, and Indah Mutiara Sari. "Simulacra Law Outside the National Legislation Program." In International Conference on Law, Economics and Health (ICLEH 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200513.039.

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"EUROPEAN INTEGRATION OF UKRAINE IN NATIONAL LEGISLATION." In Global Business and Law Development Imperatives. Київський національний торговельно-економічний університет, 2019. http://dx.doi.org/10.31617/k.knute.2019-10-10.80.

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Reports on the topic "Divorce - Law and legislation"

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Stevenson, Betsey. Divorce Law and Women's Labor Supply. Cambridge, MA: National Bureau of Economic Research, September 2008. http://dx.doi.org/10.3386/w14346.

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Hackstadt, Angela. Food Waste Legislation Scholarship: A Mapping Study. University at Albany, State University of New York, March 2019. http://dx.doi.org/10.54014/czwu8703.

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The purpose of this study is to examine research activity on food waste legislation published in law journals to identify top sources and experts cited by recent scholarship. Searches for "food loss" and "food waste" were conducted in three legal research databases for law journal articles published between January 2013 and January 2018. The core list of selected articles consists of 13 law journal articles. The citations from each of the core articles were collected to form a database, which was analyzed to determine what kinds of resources legal scholars rely on when conducting research in food waste legislation. Government Sources and Primary Law contribute approximately 48% of the citations in the database. News, Nonprofit, and Law Reviews and Journals contribute approximately 31% of database citations. This study provides some insight into the complexity of food law and the facets of agriculture, industry, and society that affect the success of food waste reduction legislation.
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Stevenson, Betsey, and Justin Wolfers. Bargaining in the Shadow of the Law: Divorce Laws and Family Distress. Cambridge, MA: National Bureau of Economic Research, December 2003. http://dx.doi.org/10.3386/w10175.

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Fernandes, Fátima Regina. The Royal Justice and the Common Law in the Portuguese Medieval Legislation. Edicions de la Universitat de Lleida, 2023. http://dx.doi.org/10.21001/itma.2023.16.11.

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Ramírez Bustamante, Natalia, Ana Maria Tribin Uribe, and Carmiña Vargas. Maternity and Labor Markets: Impact of Legislation in Colombia. Inter-American Development Bank, March 2015. http://dx.doi.org/10.18235/0011684.

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This study seeks to determine the impact on female labor outcomes of the amendment to the Colombian labor law that extended maternity leave from 12 to 14 weeks (Law 1468 of July 2011). To identify this impact, labor market outcomes of two groups of women with different fertility rates are compared. The study finds evidence that as a result of the extension of the maternity leave period, women in the high-fertility age group experience an increase in inactivity rates, informality, and self-employment. The study points to the need for a redesign of maternity protection policy that would enable the economic and social costs of bearing children to be shared by both parents and that may generate social change regarding the importance of paternal care.
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Lahey, Joanna, and Marianne Wanamaker. Effects of Restrictive Abortion Legislation on Cohort Mortality Evidence from 19th Century Law Variation. Cambridge, MA: National Bureau of Economic Research, July 2022. http://dx.doi.org/10.3386/w30201.

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Cvijić, Srdjan, Nikola Dimitrov, Leposava Ognjanoska Stavrovska, and Ivana Ranković. Bilateral Disputes and EU enlargement: A Consensual Divorce. Belgrade Centre for Security Policy, May 2024. http://dx.doi.org/10.55042/xubk6023.

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Bilateral disputes between European Union member states and candidate countries are one of the key obstacles to EU enlargement. They have been plaguing the EU accession process ever since the breakup of Yugoslavia and the subsequent border dispute between EU member Slovenia and candidate country Croatia which then ensued. More recently we have the case of North Macedonia. It became a candidate country in 2005 but ever since, its accession negotiations have been bogged down by endless bilateral disputes. While the case of North Macedonia and its decades long conflicts with Greece and Bulgaria are the most well-known of such cases, they are not the only ones. In a seminal 2018 publication the Balkans in Europe Policy Advisory Group (BIEPAG) outlined the most prominent “open” or “latent” disputes between EU member states and candidate countries in the Western Balkans. Ranging from border to territorial disputes, or ones concerning the status of national minorities, four out of five candidate countries in the region – Albania, Bosnia and Herzegovina, North Macedonia or Serbia, has a bilateral dispute with one or more EU member states. If you look at new candidates Ukraine and Moldova and potential candidate Georgia however, the list of active or potential bilateral disputes is even longer. Even when a candidate country meets the criteria to progress in EU accession talks, bilateral disputes can delay it for years or even decades as in the case of North Macedonia. In this way such disputes present a serious challenge to the credibility of the EU enlargement process. In the context of the war in Ukraine, as we have seen with regard to the policies of Viktor Orbán’s Hungary towards Ukraine, invoking bilateral disputes can seriously challenge the geopolitical orientation and the security of the entire Union. On the legal side, since most of these issues fall outside the scope of the EU law and are not covered by the accession criteria, there is a need to think of an institutional mechanism to deal with bilateral disputes. Enlargement policy does not offer an appropriate platform for settlement of bilateral disputes, especially for those that fall outside the EU law. Hence, these issues should be addressed via the international legal dispute resolution toolbox and thus be subjects of separate processes. The EU’s role however cannot be passive. It should invest efforts in these processes in order for them to be mutually reinforcing and so that the accession process has a mollifying rather than tension amplifying effect on the issue. In its policy brief, published at the end of 2023, the European Council on Foreign Relations (ECFR) proposed updating the Copenhagen criteria such that they should include a stipulation to resolve bilateral issues between member states and candidate countries through external dispute resolution mechanisms: Territorial disputes should be referred to arbitration or the International Court of Justice, while those on minority rights should be dealt with by the European Court of Human Rights and other appropriate dispute settlement mechanisms. In this policy brief we suggest ways how to operationalise this proposal. First, we describe different types of vertical bilateral disputes (the ones that include asymmetrical relations) between EU members and Western Balkan candidate countries, then we outline international mechanisms to resolve them, and finally we propose an institutional architecture to remove bilateral disputes that fall outside of the scope of the Copenhagen criteria and the EU acquis from the purview of EU accession talks.
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Lakdawala, Leah K., Diana Martínez Heredia, and Diego A. Vera-Cossio. The Impact of Expanding Worker Rights to Informal Workers Evidence from Child Labor Legislation. Inter-American Development Bank, January 2023. http://dx.doi.org/10.18235/0004689.

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We study the effects of a Bolivian law that introduced benefits and protections for child workers (who are overwhelmingly informal workers) and lowered the de facto legal working age from 14 to 10. We employ a difference-in-discontinuity approach that exploits the variation in the laws application to different age groups. Work decreased for children under 14, whose work was newly legalized and regulated under the law, particularly in areas with a higher threat of inspections. The effects appear to be driven by a reduction in the most visible forms of child work, suggesting that firms may have reduced employment of young children to minimize the risk of being inspected. In contrast, we nd that more formal channels of adjustments - such as increased costs of hiring due to the costs of complying with the new law - are unlikely to explain the overall decline in the work of young children.
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Баттахов, Петр Петрович. ПРОБЛЕМЫ И ОСОБЕННОСТИ ПРАВОВОГО РЕГУЛИРОВАНИЯ СОЦИАЛЬНОГО ПРЕДПРИНИМАТЕЛЬСТВА В РОССИИ. DOI CODE, 2021. http://dx.doi.org/10.18411/1815-1337-2021-51857.

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The article discusses the history of social entrepreneurship development in Russia. The concept and activities of a new social project in the country are being studied, legal regulation of entrepreneurial, social legal relations of subjects of law is being studied. Particular attention is paid to the requirements for the establishment of separate legal regulations for social enterprises. In the future, the author identifies a change in the vector of development of social entrepreneurship in the Russian Federation and assistance from the state in various priority areas in order to develop economic entities. It is proposed to improve some articles of the current legislation and, at best, to adopt a separate federal law "On Social Entrepreneurship of the Russian Federation."
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Coelho, Daphne, Thomaz Teodorovicz, André Martínez Fritscher, Renata Motta Café, Sergio G. Lazzarini, and Jorge Norio Rezende Ikawa. Monitoring the Governance of State-Owned Enterprises: Assessing the Impact of Brazilian Corporate Governance Reforms. Inter-American Development Bank, May 2024. http://dx.doi.org/10.18235/0012994.

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State-owned enterprises (SOEs) are often justified for correcting market failures, providing essential public services, and fulfilling social objectives. Yet, SOEs face unique governance challenges as agency conflicts usually increase with state ownership. This paper examines Brazil's efforts to address agency conflicts in SOEs, including new legislation (Law 13303 of 2016, the “Law on SOEs”) establishing stringent criteria for the appointment of executives and for the accountability and a complementary monitoring mechanism known as IG-SEST. Using the difference-in-differences methodology, we assess the impact of those interventions on SOEs profitability and labor productivity. Although no significant effect of the more-stringent governance requirements of the Law on SOEs was detected, the group of federal SOEs, which adopted the IG-SEST monitoring mechanism, significantly increased their profitability compared to similar municipal and state SOEs. Because IG-SEST anchored its indicators in corporate governance parameters specified in the Law on SOEs, this result can be interpreted as potential evidence that institutional changes might require complementary mechanisms for effective implementation. These findings are consistent with previous work suggesting that corporate governance might require broader institutional reforms, including fiscal policies to mitigate government action with a negative effect on the performance and solvency of SOEs.
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