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Journal articles on the topic 'Family law contracts'

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1

Kiselova, O. I., and R. V. Kokhtenko. "THE FAMILY-LEGAL AGREEMENTS TA THEIR ROLE IN RESOLVING FAMILY DISPUTES." Legal horizons, no. 17 (2019): 49–53. http://dx.doi.org/10.21272/legalhorizons.2019.i17.p:49.

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The article defines a definition of the family – law contract, its purpose, and analyzes the peculiarities of contractual regulation of family disputes. In the consideration of the premises of the current family- law of Ukraine, the article deals with the peculiarities of the construction of the family-legal contract, namely. Classification of the family –law contracts, which can be concluded between individuals – subjects of family legal relations based on the provisions of the norms of the Family Code of Ukraine. It is determined that the family-legal agreement is a private-law act, which is
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2

Andrushchenko, T. S. "Quasi-family agreements as a natural manifestation of current family law." Uzhhorod National University Herald. Series: Law 2, no. 86 (2025): 11–15. https://doi.org/10.24144/2307-3322.2024.86.2.1.

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The article examines the legal nature of a quasi-family contract, as well as the place of a quasi-family contract in the general classification of contractual constructions of family law. In the article, the author identifies differentiating features of quasi-family contracts. Attention is focused on the lack of limitation of the subject circle in quasi-family contracts, contractual relations in this case are built exclusively on the contractual initiative of both parties, which speaks of their priority civil-law nature. The author draws attention to the increasing demand and popularity of con
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3

Papp, Tekla. "Legal Dogmatic Questions about the Impact of the European Union’s Digital Legislation on Hungarian Contract Law." Juridical Tribune - Review of Comparative and International Law 14, no. 1 (2024): 47–59. http://dx.doi.org/10.62768/tbj/2024/14/1/03.

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The complexity and flexibility of contract law, and its ability to meet various social, economic and technical-technological needs, are indicated by a number of theories (approaches) that offer a new approach to the processing of contracts. Among the predominant theories one might include the following: overview of contracts from a constitutional and human rights approach2; deriving from this the contracts related to private and family life (intimate contracts)3; by connecting the concepts of contract law and property rights, exploring the specific characteristics of existing contracts4; filli
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4

Saydivalieva, Khurshida. "FAMILY LAW CONTRACTS AND ISSUES OF THEIR CLASSIFICATION." Jurisprudence 2, no. 6 (2022): 56–62. http://dx.doi.org/10.51788/tsul.jurisprudence.2.6./frls6576.

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The essence of the comprehensive social reforms carried out in our country is organized by systematic work on protecting the interests of the family, strengthening it as an important social institution in society and a hotbed for the education of the harmonious generation, supporting the socio-economic, cultural and educational foundations of the family, preserving reproductive health. The family is considered a primary social group based on a formal marriage between a man and a woman, consisting of the relationship between parents and children, supported by the moral norms and rules of societ
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Соломин, С. К., та Н. Г. Соломина. "Договоры в семейном праве: новый взгляд на старую проблему". Tyumen State University Herald Social Economic and Law Research 11, № 2(42) (2025): 110–25. https://doi.org/10.21684/2411-7897-2025-11-2-110-125.

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Учитывая превалирующее значение личных неимущественных отношений в предмете семейного права, считается, что большую часть семейно-правовых договоров составляют договоры неимущественного характера. Авторы статьи подвергают критическому анализу данный подход, доказывая, что возможность заключения семейно-правового договора, опосредующего личные неимущественные отношения, в принципе исключена. Методологическую основу исследования составили формально-логический метод и метод правового моделирования. Основные результаты: доказано, что любой семейно-правовой договор выступает частным случаем граждан
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6

Kriston, Edit. "The legal role of immorality in family property contracts." European Integration Studies 18, no. 1 (2022): 137–47. http://dx.doi.org/10.46941/2022.e1.137-147.

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A family property contract is an atypical contract, regulated by family law and contractual legal rules simultaneously. Contractual freedom is an important part of family property relations. Although private autonomy between family members cannot tolerate intervention, there are several situations that make it necessary. The limits of contractual freedom have a complex system in the Civil Code. The reason for that is the protection of legal rules has two directions. On the one hand, it helps family members in a vulnerable situation, and, on the other hand, it protects third parties who have a
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7

Tiutiunyk, A. V. "SIGNIFICANCE OF CONTRACTS CONCLUSION FOR THE REGULATION OF FAMILY LEGAL RELATIONS." Scientific Herald of Sivershchyna. Series: Law 2023, no. 2 (2023): 67–75. http://dx.doi.org/10.32755/sjlaw.2023.02.067.

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This article addresses to topical issues of family law contracts, their features and the necessity of their application in modern life. Currently, in order to regulate family legal relations in Ukraine, there are no single, unified constructions of contracts and mechanisms for their application, which undoubtedly complicates the resolution of one or another issue related to the regulation of family relations. This problem is due to its legal nature and has an insufficient number of scientific works in this field, and is also distinguished by its ambiguity and versatility of application. The pu
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8

Herbots, Jacques. "Un aperçu du droit chinois des contrats." European Review of Private Law 18, Issue 5 (2010): 915–38. http://dx.doi.org/10.54648/erpl2010070.

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Abstract: This essay presents the current situation of Contract Law in the People’s Republic of China. First, it demonstrates why, before the end of the Qing Dynasty, no Chinese statute on contracts existed. It then sketches the introduction of a Civil Code in the Kuomintang period, as well as the situation in the first decades of the People’s Republic and the genesis of the Contract Act of 15 March 1999. This Act, in anticipation of a Civil Code, encompasses common Contract Law. It consists of two parts: the provisions on contractual obligations on the one hand and those on specific contracts
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9

Saydivalieva, Khurshida. "PECULIARITIES OF REGULATION IN FOREIGN COUNTRIES OF FAMILY RELATIONS AND FAMILY LAW CONTRACTS." Review of Law Sciences 7, no. 2 (2023): 49–60. http://dx.doi.org/10.51788/tsul.rols.2023.7.2./ibtf2559.

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The family is the primary social group based on official marriage between a man and a woman, formed by the relationship between parents and children, supported by the moral norms and rules of society, passing on human culture to the next generation and developing it. Today, special attention is paid to improving the social, economic, and legal foundations for strengthening this institution. Issues such as marriage and family relations, the protection of mutual property and personal non-property rights of family members, and the fulfillment of family obligations are considered topical. At the s
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10

Letova, Nataliya V. "Agreements and contracts in the field of family relations: correlation and features of legal regulation." Gosudarstvo i pravo, no. 6 (2023): 127. http://dx.doi.org/10.31857/s102694520025930-4.

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In the article, the author presents the differences between categories “agreement” and “contract”, analyzes their features of application in the field of family relations, criteria are defined for their differences in Civil and Family Law. The author proves the backbone relationship between the grounds for the emergence of agreements, contracts and their content in the field of family relations, determines their essence, concludes that there is a certain “mixture” of these categories in the norms of the Family Code of the Russian Federation. The article substantiates that it is unacceptable to
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Тарусина, Надежда Николаевна. "О «рождении и взрослении» теории семейно-правового договора". Demidov Law Journal 15, № 2 (2025): 126–41. https://doi.org/10.18255/2949-3439-2025-2-126-141.

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The article analyzes the prerequisites for the maturation of the conceptual foundations of the theory of family law contract. It is noted that, despite the presence of contractual structures in the codified family legal acts of various periods of the evolution of Russian (Soviet) legislation, their systematization, the study of the features that distinguish these agreements from the contracts of classical civics, began to be carried out in the last thirty years. At the same time, the basis for the development of this theory and the implementation of its applied results was created back in the
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12

Bonthuys, Elsje. "Public Policy in Family Contracts, Part II: Antenuptial Contracts." Stellenbosch Law Review 32, no. 1 (2021): 3–23. http://dx.doi.org/10.47348/slr/v32/i1a1.

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This, the second part of an article on public policy in contracts between family members, focuses on legality in antenuptial contracts, particularly those which exclude all forms of sharing between spouses. The Matrimonial Property Act 88 of 1984 is now 35 years old and, apart from writing, it neither requires formalities to ensure that prospective spouses who enter into antenuptial contracts fully appreciate the consequences of their agreements, nor does it guarantee that the agreed upon property system is fair to both spouses. Instead, the focus is upon protecting the interests of third part
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13

Alpa, Guido. "Future of Family Contracts, Comparative Law and European Law." European Business Law Review 21, Issue 1 (2010): 1–13. http://dx.doi.org/10.54648/eulr2010001.

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14

Guimarães, Maria Raquel. "“Lar, doce lar”." Revista Electrónica de Direito 22, no. 2 (2020): 95–116. http://dx.doi.org/10.24840/2182-9845_2020-0002_0005.

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The place of one’s residence and, in particular, the family home, is not legally irrelevant and there are several implications of adopting a certain place of residence. In the Portuguese Constitutional Law the right to housing is a fundamental right that conforms the rule make action when defining contract laws and the limits of freedom of contract. In this text we intend to focus on the main repercussions of the ties that link a family to its home on contract law, especially concerning sales and lease contracts.
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15

Taylor, Luke. "Domestic Contracts and Family Law Exceptionalism: An Historical Perspective." McGill Law Journal 66, no. 2 (2021): 303–36. http://dx.doi.org/10.7202/1084133ar.

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Since at least the late 1980s, the enforceability of domestic contracts in Canadian common law has tended to be analyzed in terms of a formal equality/substantive fairness dichotomy. This paper suggests that our understanding of the common law of domestic contracts in Canada can be enriched by adding an historical lens to existing analyses. Specifically, the paper argues that the Supreme Court of Canada’s decision in the Pelech v. Pelech trilogy was not only an attempt to inject the ideology of contract into family law, but also amounted to a continuation of long-standing approaches to separat
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16

Ivanova, Nelli. "Contractual regulation of custody and guardianship of minor children in modern Russia." Current Issues of the State and Law, no. 13 (2020): 101–10. http://dx.doi.org/10.20310/2587-9340-2020-4-13-101-110.

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This work is devoted to a relevant topic in modern Russia related to the placement of children without parental care under custody (guardianship). The aim of the work is to study the features of the legal regulation of contractual custody (guardianship) of minor children in modern Russia. The work is written using general scientific and special methods of cognition: historical, dialectical, formal and logical, empirical. We pay special attention to the comparative legal method, which is due to the purpose and objectives of the study. Based on a brief retrospective analysis, the legal nature of
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17

Ibrahim, Norliah, Zuhairah Ariff Abd Ghadas, and Murshamsul Kamariah Musa. "“Domestic Contracts” The Effect of Family Contracts; The Malaysian Law Perspectives." Journal of Management Research 7, no. 2 (2015): 387. http://dx.doi.org/10.5296/jmr.v7i2.6960.

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18

Kirsanov, A. N., and A. V. Korablin. "Lex Constructionis as a Regulator of an International Construction Contract in Russia." Journal of Law and Administration 18, no. 3 (2022): 26–31. http://dx.doi.org/10.24833/2073-8420-2022-3-64-26-31.

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Introduction. The gaps in the international private legal regulation of legal relations arising from an international construction contract are filled by other sources of law, primarily Lex constructionis, which is a set of acts and documents developed by non-governmental organizations that do not have the force of law, but are actively used in business circulation.FIDIC contracts can be cited as standard contracts, which are a set of narrowly focused standard forms of contracts, each of which was developed for a specific situation and certain legal relations arising from an international cons
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19

Zamir, Itzhak. "Political Contracts." Israel Law Review 26, no. 4 (1992): 461–98. http://dx.doi.org/10.1017/s0021223700011158.

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A new creature has been welcomed into Israel's family of law. While some refer to it as a political agreement, and others a public agreement, I prefer to call it a political contract.It was greeted with curiosity, suspicion, and even disapproval. And, although much has been written about it of late, its character has as yet to be determined. What distinguishes it from other agreements? Is it legally binding, or does it merely draw upon the force of public opinion? Is it justiciable? If binding, does it fall within the scope of private law or of public law? And what consequences attach to breac
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20

Saydivalieva, Khurshida. "THE LEGAL NATURE OF FAMILY-LEGAL CONTRACTS AS AN ALTERNATIVE MEANS OF PRE-TRIAL SOLUTION OF PROPERTY DISPUTE IN THE FAMILY." Jurisprudence 4, no. 5 (2024): 28–39. https://doi.org/10.51788/tsul.jurisprudence.4.5./bsng6231.

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The article focuses on the concept of family disputes and the socio-legal aspects of resolving family disputes by family members. The author analyzes issues that are causing family disputes to increase day by day, and the resolution of property disputes in court proceedings continues for a long time. In the pre-trial process, the legal nature of the family-legal contract, which is an alternative means of resolving property disputes in the family, is considered. The author draws attention to the fact that the family law agreement is an effective means of resolving disputes between husband and w
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21

Habersack, Mathias, and Reinhard Zimmermann. "Legal Change in a Codified System: Recent Developments in Germany Suretyship Law." Edinburgh Law Review 3, no. 3 (1999): 272–93. http://dx.doi.org/10.3366/elr.1999.3.3.272.

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Until recently, the German courts did not regard the contract of suretyship as subject to the precepts of commutative justice. This attitude prevailed even when the contract was unduly burdensome for the surety. A startling decision of the Federal Constitutional Court from October 1993 has changed the legal position. It enjoined the civil courts, when applying the general provisions of the BGB (such as the “contra bonos mores” clause), to pay due attention to the guarantee of the autonomy of private individuals, as enshrined in art 2 I of the Basic Law. Such autonomy is not always consistent w
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Sugitanata, Arif, Idul Adnan, Hamroni Hamroni, and Hardiyatullah Hardiyatullah. "Analisis Maslahah Terhadap Penolakan Akad Pernikahan Pasangan LGBT dalam Konstruksi Hukum Keluarga Islam." Al-Muqaronah: Jurnal Perbandingan Mazhab dan Hukum 2, no. 1 (2023): 1–11. http://dx.doi.org/10.59259/am.v2i1.87.

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This research highlights the view of Islamic family law on the rejection of the marriage contract of LGBT couples as a marriage, which is seen through the lens of Maslahah theory. Through a literature study using qualitative research based on the scalpel of Maslahah theory, The research underlines that marriage in Islam is not only an agreement between two individuals but also an institution governed by certain conditions and pillars, including the existence of male and female parties who are permitted according to Sharia, as well as the existence of a guardian, dowry, and fair witnesses. In t
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Voytovich, E. P., and N. Yu Chernus. "TO THE QUESTION OF FREEDOM OF FAMILY-LAW CONTRACTS." Juridical Science and Practice 14, no. 3 (2018): 27–31. http://dx.doi.org/10.25205/2542-0410-2018-14-3-27-31.

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Mendjul, M. "Grounds for invalidating marriage contracts: legal positions of the supreme court and risks in martial law." Uzhhorod National University Herald. Series: Law 1, no. 74 (2023): 103–6. http://dx.doi.org/10.24144/2307-3322.2022.74.17.

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The article provides a comparative analysis of the grounds for declaring marriage contracts invalid, taking into account the legal positions of the Supreme Court before martial law and taking into account modern risks. It is noted that in the doctrine of private law in general and family law in particular, the approach to recognizing a marriage contract as a transaction with a complex legal nature, which is regulated both by the norms of the Family Code of Ukraine, and subsidiarily by the provisions of the Central Committee of Ukraine, is already established. In order to find out the requireme
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Ponomarenko, Oksana. "The Principle of Freedom of Family Contract and Its Limits." C.P. Journal 5, no. 2 (2025): 77–103. https://doi.org/10.69724/2786-8834-2025-5-2-77-103.

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The study of the principle of freedom of contract is of conceptual importance for the development of the theory of family contract and the statutory regulation of these contracts. The relevance of this topic is growing in the current environment when civil legislation is undergoing reforms, and the results of such studies may help to identify the shortcomings of the current regulatory framework and find ways to eliminate them. A comprehensive theoretical analysis of the peculiarities of family relations and their impact on the limits of the principle of freedom of family contract may lay the g
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Irzyk, Małgorzata. "Małżeńskie umowy majątkowe w prawie polskim i w prawie rosyjskim – analiza porównawcza." Studia Orientalne 5, no. 1 (2014): 143–58. http://dx.doi.org/10.15804/so2014108.

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The aim of the following paper is to present the institution of the prenuptial and postnuptial marriage contracts in Polish and Russian law. The Author tries to point out the similarities and differences of both legal systems. In Poland these regimes are regulated in one act – Family and Guardianship Code, in Russia are partly regulated in the Civil Code of the Russian Federation and more widely in the Family Code of the Russian Federation. In both systems legislator admits the contractual property regimes, opposite the statutory property regime. The Author focus on pointing out such issues as
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Komkov, S. A. "Contracts in labor and civil law: issues of unity and differentiation." Siberian Law Herald 1 (2023): 33–37. http://dx.doi.org/10.26516/2071-8136.2023.1.33.

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It is noted that the employment contract has historically emerged as a civil contract. It is indicated that in Roman private law it was a contract for the employment of a free person’s labor force for a period under which one person, the locator (from Latin – landlord), placed at the disposal of another, the tenant, his labor force, his labor (operae) for a certain remuneration (hiring a worker, coachman, etc.). The features that distinguish the labor contract from civil law contracts, in particular, the fact that in an employment contract the subject is the work itself, and not its result, as
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Seidinova, Madina, and Gulzhazira Ilyassova. "Surrogacy in the Republic of Kazakhstan: A theoretical and legal perspective on legislative regulation improvements." RIVISTA DI STUDI SULLA SOSTENIBILITA' 13, no. 1 (2023): 109–27. http://dx.doi.org/10.3280/riss2023-001006.

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A comprehensive understanding of medicine and psychology is indispensable for successful surrogacy practices. This paper aims to provide a qualitative assess-ment of modern Kazakhstan's legislative regulation of surrogacy in light of con-temporary challenges. This paper intends to highlight some aspects of surrogacy law that have not been adequately expressed in Kazakhstan contract law. The study revealed that a number of issues in this area are not regulated by law in Ka-zakhstan, creating legal gaps and potential contract law issues. Preparing a docu-ment or official commentary addressing ma
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Bakker, Pieter. "Chaos in Family Law: A Model for the Recognition of Intimate Relationships in South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 3 (2017): 115. http://dx.doi.org/10.17159/1727-3781/2013/v16i3a2361.

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The chaos theory is utilised in a metaphorical manner to describe the current state of family law and more specifically law regulating intimate relationships in South Africa. A bird's eye view of the law of intimate relationships is provided to indicate that the current system of law regulating intimate relationships is in a state of chaos. Deregulation of intimate relationships and regulation by contract as well as a singular Act regulating intimate relationships are investigated as alternatives to the current system. The paper concludes that deregulation does not pose a viable alternative mo
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Hussain, Bilal, Hafiz Ghulam Abbas, and Khalid Hussain. "Legal Competency for Marriage: In an Islamic and Pakistan Law Perspective." Al-Aijaz Research Journal of Islamic Studies & Humanities 6, no. 1 (2022): 12–24. http://dx.doi.org/10.53575/e2.v6.01.(22)12-24.

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Marriage in Islam is more contractual ('aqd') in nature than ceremonial or sacramental. This esteemed tie-up of spouses conveys legal rights and obligations to each spouse. The fabric of society is made up of family institutions. Islam places high value on establishing a balanced, well-behaved relationship between spouses for a happy home. Islamic jurisprudence considered its primary purpose to be to make intercourse lawful and to legitimate the resulting offspring in a matrimonial contract. For its formation, specific competency is required, including physical and intellectual. Islamic law de
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Ardiansyah Ardiansyah, Anisah Syakirah, and Muhammad Abdillah Hasby. "Analisis Kedudukan Saksi sebagai Syarat Sah dalam Pernikahan." Akhlak : Jurnal Pendidikan Agama Islam dan Filsafat 2, no. 2 (2025): 65–78. https://doi.org/10.61132/akhlak.v2i2.635.

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This research analyzes the role of witnesses in marriage contracts, especially differences of opinion among ulama. The majority of ulama are of the opinion that the presence of witnesses is a legal requirement in a marriage contract because of its function as proof, preventing disputes, and safeguarding the benefit of the people. However, Abu Tsaur has a different view, namely that the marriage contract remains valid without the presence of witnesses. This research examines the arguments that support these two opinions and analyzes the causes of differences of opinion, which are influenced by
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Lebedeva, Ekaterina V. "Some Aspects of Understanding the Contract." Rossijskoe pravosudie, no. 4 (March 25, 2024): 44–52. http://dx.doi.org/10.37399/issn2072-909x.2024.4.44-52.

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The contract as a complex, multifaceted category is used not only in jurisprudence, but also in other doctrines, teachings, and in the direct practical activities of various subjects. At the same time, if viewed from a legal point of view, the contract (as a certain agreement that meets specific criteria) permeates almost all spheres of public relations under the influence of law. The contract occupies a significant place in the regulation of relations under the influence of private law norms. The concept of a contract is repeatedly disclosed by the legislator in various normative legal acts.
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Austin, Graeme W. "Essay: Family Law and Civil Union Partnerships - Status, Contract and Access to Symbols." Victoria University of Wellington Law Review 37, no. 2 (2006): 183. http://dx.doi.org/10.26686/vuwlr.v37i2.5565.

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This essay locates New Zealand's civil union legislation within the dynamic between "status" and "contract" that animates modern family law. "Status" concerns who we are; "contract" concerns the transactions we can enter. Because family law is concerned with affective relationships, it cannot apprehend people only as the atomised individuals anticipated by the modernist emphasis on contractual relations. Family law acknowledges the relevance to legal issues of "messy" issues of personality. Among the most complex and powerful aspects of personality with which the law concerns itself is love. L
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Napoli, Francesco. "Corporate governance and firm networks: An empirical research based on Italy." Corporate Ownership and Control 15 (2018): 231–47. http://dx.doi.org/10.22495/cocv15i2c1p9.

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We examine problems of strategic change and innovation in Italian firms which develop cooperative relationships with other firms. The inter-firm network phenomenon has taken on such importance in Italy that, in 2009, the State issued a law (Decreto Legge 5/2009) specifically to regulate the concluding of cooperative contracts for the formation of inter-firm networks. This law offers firms that wish to keep their groups of owners separate the possibility to establish a multiplicity of inter-firm relationships through the signing of just one single contract, named “Contratto di rete”, which, in
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Li, Yong-Zhen, and Crystal Kwan. "Daughters-in-Law in Negotiating the Intergenerational Contract in Rural China: A Qualitative Case Study." Innovation in Aging 5, Supplement_1 (2021): 104. http://dx.doi.org/10.1093/geroni/igab046.395.

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Abstract Daughters-in-law play a key role in intergenerational relationships, especially in Rural China. Albeit, their voices are less heard and examined. This study explores how daughters-in-law in Rural China view and negotiate intergenerational contracts with their older adult parents-in-law. A qualitative case study design was used, and multiple data collection methods (including semi-structured interviews, observation and document review) with thematic analysis were employed. Findings highlight that daughters-in-law play a key role in shaping the intergenerational contracts between their
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Muhammad Afriza Rifandy and Novita Mayasari Angelia. "Perjanjian Pinjam Meminjam Berdasarkan Pasal 1754 KUHperdata." ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora 2, no. 3 (2024): 248–55. http://dx.doi.org/10.59246/aladalah.v2i3.886.

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Civil Law is a branch of law that regulates relationships between individuals or legal entities of a private nature. Civil Law regulates the rights and obligations of individuals or legal entities in the context of civil relationships, such as agreements, property ownership, legal responsibility, inheritance, marriage, divorce, and contracts. Civil Law usually applies in situations where there is a relationship between individuals or legal entities that stand as equal legal subjects. This is different from Public Law which regulates the relationship between individuals or legal entities and th
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Nezha, Kelmend, Nertil Berdufi, and Aranit Qinami. "Implementing Islamic Marriage Rules in National Family Laws: A Case Study of Albania's Legal Framework." European Journal of Social Science Education and Research 10, no. 3 (2023): 19–35. https://doi.org/10.26417/km7pjz83.

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This paper investigates the implementation of Islamic marriage rules within the context of Albania's legal framework, focusing on the intersection between Islamic marriage practices and national family laws. It examines the issue of gender equality in marriage and divorce under Islamic law, with a particular emphasis on protecting women's rights and interests. The analysis begins by considering Islamic Law through a human rights lens, followed by a descriptive examination of Albania's Family Law as a secular state with a Muslim majority. The paper explores how Albanian Muslim couples, who ente
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Kiss, Tibor. "The Contract on the Transfer of Agricultural Holdings." Acta Universitatis Sapientiae, Legal Studies 12, no. 1 (2023): 97–120. https://doi.org/10.47745/ausleg.2023.12.1.07.

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At the end of 2021, the Hungarian Parliament adopted Act CXLIII of 2021 on the Transfer of Agricultural Holdings, which entered into force on 1 January 2023. The Act codified the agricultural holding transfer contract, defining its concept, essential elements, and types. This article presents and describes the rules of this new type of contract. The article also discusses the theories developed in Hungarian case law and jurisprudence on the classification of the contract. The author attempts to classify the new type of contract within the existing categories of contracts. The author points out
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39

Gashi, Haxhi, and Bashkim Preteni. "MARRIAGE AND PROPERTY REGIME OF SPOUSES UNDER KOSOVO CURRENT LAW AND DRAFT – CIVIL CODE." Pravni vjesnik 36, no. 3-4 (2020): 309–23. http://dx.doi.org/10.25234/pv/10800.

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The impact of marriage in the property rights of spouses has been recognized since Roman law and nowadays remains a principle well established under each European legal system. Under Kosovo law, marriage creates different legal consequences between spouses including for their property rights. The current property regime of spouses under the Law on Family establishes rules on individual ownership and joint ownership. However, it does not recognise the contract for the regulation of the property regime of spouses. This has created problems with regard to the separation of the property after the
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40

Matytsin, Denis, and Natalia Kvitsinia. "Prospects for the Legal Regulation of Property Relations Between Spouses when Concluding a Marriage Contract Using Digital Technologies." Legal Concept 23, no. 2 (2024): 34–41. http://dx.doi.org/10.15688/lc.jvolsu.2024.2.4.

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Introduction: the paper deals with the study of the content of the conditions for concluding a marriage contract as an effective tool for resolving property disputes in the family. The possibility of concluding a marriage contract in electronic form is analyzed. The debatable issue of regulating the personal non-property rights of spouses under a marriage contract is also investigated. The purpose of the study is to identify the main directions for the development of the institution of a marriage contract using digital technologies and to determine their impact on the stability of the economy
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41

Chen, Zhen. "The Classification of Dual-Purpose Contracts in European Private International Law." European Review of Private Law 31, Issue 5 (2023): 909–32. http://dx.doi.org/10.54648/erpl2023044.

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Consumers, as the presumed weaker party, are granted with favourable jurisdiction and choice of law rules under the Brussels Ibis Regulation and Rome I Regulation. The identity of a person as a consumer is the precondition of applying consumer protective rules. However, what if a person is acting partly for professional purpose and partly for private purpose? What criterion should be relied upon to classify a dual-purpose contract? Whether the private purpose must be predominant or primary, or it is irrelevant as long as the professional purpose is non-negligible? What if a person changes the
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42

Philippova, T. A., E. P. Titarenko, and A. D. Darkhambaeva. "THE LEGAL NATURE OF FAMILY LAW AGREEMENTS AND THEIR PLACE IN THE LEGAL FACT SYSTEM." Russian-Asian Legal Journal, no. 1 (March 29, 2021): 42–48. http://dx.doi.org/10.14258/ralj(2021)1.9.

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The article shows discussion issues regarding the place of family law agreements in the classificationof legal facts. The authors also bring to the discussion the question of the legal nature of the family lawagreement. The scientific work presents an anthology of legal thought about family legal relations of theSoviet period, as well as a brief retrospective of its development in the last 20 years. The authors of the articledefine family law as an independent legal industry with its inherent features which also predefine the specialqualities of family law agreements that do not allow them to
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43

Esposito, Fabrizio. "Carrying the Choice Theory of Contracts Further: Transfers, Welfare, and the Size of the Community." European Review of Contract Law 15, no. 3 (2019): 297–334. http://dx.doi.org/10.1515/ercl-2019-0018.

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Abstract The Choice Theory of Contracts is an ambitious, concise, and largely successful contribution to contract theory. Choice Theory is a liberal theory of contract law, grounded in a rich notion of autonomy, which stresses the obligation of the legal system to enhance our autonomy by ensuring the multiplicity of contractual types within the spheres of family, employment, home, and commerce.This article mitigates three shortcomings in The Choice Theory of Contracts and tries to carry Choice Theory further. A first shortcoming of the book is that the critique of transfer theory fails to ackn
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Zhunussova, Togzhan Bakhtybaevna. "Influence of Legal Traditions and Legal Culture on the Institution of Marriage Contracts and the Possibility of its Improvement: The Experience of Kazakhstan." Academic Journal of Interdisciplinary Studies 11, no. 5 (2022): 51. http://dx.doi.org/10.36941/ajis-2022-0124.

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Since the Republic of Kazakhstan gained independence, it developed market relations and established private property as the leading type of ownership. Such fundamental changes required corresponding changes in the system of law, including family law. However, such reforms often depend on the mindset, legal culture, and legal traditions that have developed in society. In Kazakhstan, the practice of concluding marriage contracts (which govern property relations between spouses) has not developed or been seriously limited. Thus, this sphere needs to be considered for further improvement. The stud
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Mendzhul, M. V., and A. V. Leta. "Legal grounds for recognizing a marriage agreement invalid (analysis of judicial practice)." Uzhhorod National University Herald. Series: Law, no. 67 (January 16, 2022): 93–96. http://dx.doi.org/10.24144/2307-3322.2021.67.18.

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The article examines the features of the legal nature and grounds for recognizing a marriage contract as invalid. It has been established that modern family law in Ukraine regulates the institution of a marriage contract in some detail, although it was enshrined in law only in 1992, after amendments to the Marriage and Family Code. First of all, its feature was that it could be concluded only before the official registration of marriage, respectively, came into force from the moment of marriage. In addition, along with the settlement of property relations, the list of which was open, the contr
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46

Grundmann, Stefan. "On the Unity of Private Law from a Formal to a Substance-Based Concept of Private Law." European Review of Private Law 18, Issue 6 (2010): 1055–78. http://dx.doi.org/10.54648/erpl2010080.

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Abstract: This article starts out with asking the question of where lies the heart of private law. Core societal developments and theories (like the European Union or the so-called Private Law Society) would seem to indicate what virtually all private law theorists say as well: the heart of private law is party autonomy – and, one may add, regulation guaranteeing the pre-conditions of a meaningful use of such party autonomy. The article then analyses the fact that traditional areas of the civilian tradition – torts, property, family law, and wills and estates – are much less paradigmatic for t
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Robbani, Shofa. "SISTEM SEWA STAN DI GO FUN BOJONEGORO PERSPEKTIF FIQH AL-MU’AMALAH." At-Tuhfah 9, no. 1 (2020): 100–116. http://dx.doi.org/10.36840/jurnalstudikeislaman.v9i1.304.

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Go Fun Bojonegoro Theme Park is one of the biggest family playgrounds in Bojonegoro. Most tourist attractions must have a variety of products that are traded to visitors who come. The rental of the heavy food stands at Go Fun Bojonegoro has a different contract agreement with the other stands because there are additional contracts, namely profit sharing cooperation by increasing the selling price. The results of the study indicate that the practice of profit sharing between the food stand tenants and the Go Fun Bojonegoro manager has a different agreement with other booths, because the rental
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Musarrofa, Ita, Husnul Muttaqin, and Ridha Amaliyah. "The Problems of Islamic Family Law in the Digital Era and Its Relevance to Renewal of the Compilation of Islamic Law." Jurnal Hukum Islam 22, no. 1 (2024): 89–124. http://dx.doi.org/10.28918/jhi_v22i1_4.

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The digital era raises various problems and challenges in Family Law which is still conventional. For example, in terms of marriage contracts and administration, utilisation of assets from the digital economy and so on. This study discusses the problems of Indonesian Islamic family law in facing changes in the digital era and its relevance to the renewal of the Compilation of Islamic Law. This study uses a netnography method with a normative legal approach. The results show several realities that are problems in Indonesian Islamic family law in the digital era such as online marriage, digital
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Tamamiyah, Lutfiyatut. "The Evolving Practice of Marriage Contracts in Islamic Family Law: Customary Influences and Legal Implications." Journal of Islamic Family Law 1, no. 1 (2025): 17–23. https://doi.org/10.59784/jifl.v1i1.3.

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Islamic family law is a foundational framework for marriage contracts, which is influenced by local customs. This study aims to explore how these customary influences shape the practice of marriage contracts and examine the legal implications of such variations, focusing on the balance between religious adherence and cultural adaptation. The study employs a qualitative approach to analyze the evolving practice of Islamic marriage contracts across diverse cultural contexts, identifying trends and challenges in balancing religious guidelines with local traditions. The results suggest that Islami
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50

Lohvinova, Mariia. "Contract as a source of regulation and an instrument for the protection of family rights in Ukraine." Actual problems of improving of current legislation of Ukraine, no. 64 (January 15, 2024): 7–21. http://dx.doi.org/10.15330/apiclu.64.7-21.

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The article, prepared as a result of studying the scientific heritage of Academician V.V. Luts, reveals the essence of the contract as a source of legal regulation and an instrument for the protection of family rights in Ukraine. The following methods of scientific cognition were used in the course of the study: formal-logical - to reveal the definitions of «contract» and «agreement» in family law; formal-legal - to define the concept of contract as a source of regulation of family rights; formal-dogmatic - to define normativity as a feature of an individual contract, which allows considering
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