Free Essay

Family Law

In: Other Topics

Submitted By mimimi999
Words 393
Pages 2
1 занятие

1 задача
1. В соответствии со ст.2 СК указанные в данной задаче вопросы относятся к сфере действия семейного законодательства. Согласно п.К ч.1 ст.72 Конституции РФ семейное законодательство относится к совместному ведению РФ и ее субъектов.
Согласно п.1 ст.13 СК в РФ установлен единый брачный возраст – 18 лет. Однако ч.2 указанной статьи предусматривает право органов местного самоуправления по месту жительства лиц, желающих вступить в брак, по их просьбе и при наличии уважительных причин разрешать вступление в брак лицам, достигшим возраста шестнадцати лет. Также п.3 ст.13 СК закрепляет право субъектов РФ своими законами определять порядок и условия, при наличии которых вступление в брак в виде исключения с учетом особых обстоятельств может быть разрешено до достижения возраста шестнадцати лет. Таким образом, глава администрации Нижегородской области не имел права своим распоряжением снизить брачный возраст, это может сделать лишь законодательный (представительный) орган субъекта РФ на основании принятого им в своей компетенции соответствующего закона.
Что касается второго круга вопросов – приемная семья – то глава администрации здесь также вышел за пределы своей компетенции. Так согласно п.3 ст.152 СК порядок создания приемной семьи и осуществления контроля за условиями жизни и воспитания ребенка или детей в приемной семье определяется Правительством РФ. В частности определяется, что создание приемной семьи оформляется договором о приемной семье (п.1 ст.152 СК, п.2 Правил создания приемной семьи и осуществления контроля за условиями жизни и воспитания ребенка/детей в приемной семье – утв. Постановлением Правительства РФ от 18.05.2009 №243) и что общее количество детей в приемной семье обычно не превышает 8 человек (п.3 Правил).
Таким образом, протест прокурора обоснован, т.к. указанные решения главы администрации Нижегородской области противоречат требованиям закона.
2. Субъекты РФ вправе регулировать семейные отношения. Но круг вопросов строго ограничен СК. Так абз.2 п.2 ст.3 закрепляет, что субъекты РФ регулируют семейные отношения по вопросам, прямо отнесенным СК к ведению субъектов РФ, и по вопросам, непосредственно не урегулированным СК. При этом единственно возможная форма такого регулирования – закон субъекта РФ.

5 задача
Требования Васина удовлетворению не подлежат, т.к. не основаны на законе.
Что касается возмещения расходов на свадьбу, то у Ивановой не было и не могло возникнуть никаких обязанностей в отношении этих расходов (п.1 ст.8, п.2 ст.307 ГК). А что касается подарков, то здесь нет никаких оснований для отмены дарения (ст.578 ГК).

Similar Documents

Premium Essay

Family Law

...Family Law for Paralegals J. Shoshanna Ehrlinch Prof. Madhavi Basnet Karki Family Law for Paralegals 1. What is a premarital contact? A premarital contact is something that shields party’s assets and income from the state rules of allocation in the event of a divorce. 2. What will a court look to in determining procedural and substantive fairness? In procedural fairness court would look into what factor that the party is challenging in the agreement during the time it sign. As whether or not he or she was aware of the legal rights that are being waived, like spousal support by entry in the agreement, and whether or not the attorney has went over the agreement independently with them. In substantive fairness the courts would look into the actual terms of agreement to see if it was fair, and the also look at the time it exists of performance to determine substantial departure from the usual contract law of individuals freedom to make bad deals. 3. In what ways are premarital contract treated differently from ordinary contract? In a premarital contract it deal with protecting one from losing ones assets to a divorce. It is a contract that is place in written agreements to ensure that their assents remain theirs if the marriage fails, to provide that their assets in the events of death, and to work out arrangements for matters that may become problems after the marriage. An......

Words: 275 - Pages: 2

Free Essay

Family Law

...Articles for legal blogs The family is the smallest unit of the society. As such, anybody within the legal age bracket can start a family. While that is so, certain matters regarding the duties and responsibilities in a family setup are determined by a court of law. These matters include domestic violence, marriage of homosexuals, adoption, paternity, and divorce. For more information on situations regarding family law, click here. Family law therefore constitutes a set of laws and regulations that the court imposes within matters affecting a family setup. The most common cases regarding family law result from divorce. In this case, the concerned parties involve the services of a family attorney to file for termination of their marital relationships, children support and visitation. You can visit this website for more. Another case that more often than not calls for family law is during property division. While every state has certain provision regarding this type of case not all family members feel contented by them. In such circumstances, disagreeing parties can seek the services of family lawyer who can assist in drawing the prenuptial agreement. In certain situations such as, click here, the court can enforce a prenuptial agreement and allocate the wealth in question, as the law deems appropriate. Another concern of family law is the prevention of physical or psychological abuse. This law is not limited to people in a romantic relationship and their children rather it......

Words: 321 - Pages: 2

Free Essay

Family Law

...1 FAMILY LAW Introduction The statement by Thorpe clearly states his opinion on prenuptial agreements[1]. He deems them necessary so as the individuals could avoid the stress involved in judicial cases on marriage assets. He conceptualizes prenuptial agreements as a great way to avoid unnecessary anxiety, stress and expenses of judicial proceedings[2]. I totally agree with his concepts on and base my essay on the support of his notion. The uniqueness of this case is that there was a prenuptial agreement and yet there still was a court case. This was because the prenuptial agreement was signed in another country and it legitimacy was being contested. Not only have that different countries had different rules on these contracts. Marriage and civil partnerships require a prenuptial agreement to justify the mind set the couple were in the time of commitment. In case of separation, the prenuptial agreements re not so weighty in a court of law. It is in fact a lee way that assists the judges provide a ruling based on the evidence of an agreement at marriage[3]. This is physical evidence of what inspired during the time they agreed to get married. The agreement is aimed to protect family assets and ensure a proper future for the children in case separation. The court makes the final decision guided by the prenuptial agreement and the current issues leading to the separation. It will also consider the welfare of both parties and the children in its ruling. The......

Words: 2833 - Pages: 12

Premium Essay

Canadian Family Law

...Family law is the field of law that focuses on family issues. In most cases, these include disputes between separated couples that were in a marriage relationship and those that were in a relationship but unmarried. It is worth noting that family issues may also involve individual that were not necessarily in a long-term relationship. For instance, a couple who has a child but have never dated or gotten into any form of commitments. Note, additionally that family law also applies to the same-sex relationship. Furthermore, Canada has a divided jurisdiction in matters of family law. On one hand, the family matter related to divorce (for marriage couple only) is heard in federal courts through the Divorce Act. On the contrary, other family-related...

Words: 1718 - Pages: 7

Free Essay

Does Family Law

...Laurie Cha Does family law satisfy the functions of law requirements? 1) Social Cohesion i) Rights and value Family law satisfies the functions of law requirements as it protects and preserves societal values and human rights. For instance, the Commonwealth Parliament has passed the Marriage Act 1961 to give people fundamental right to marry as well as to establish a valid marriage. The Family Law Act 1975 has been passed as people are expected to receive the rights when they are involved in a legal dispute relating to divorce. Recently, as the rights of children are considered paramount, the laws regarding the safety and welfare of children have been adopted by the Family Law (Shared Parental Responsibility) Act (2006). The South Australian Parliament has passed the Statutes Amendment (Domestic Partners) Act (2006) in order to provide de facto couples legal rights similar to those enjoyed by a married spouse. ii) Set acceptable standards of behaviour and consequence To preserve and protect values and human rights, the Marriage Act 1961 provides the requirements for a valid marriage to exist, for example, marriage should not be done by fraud, between a person related by blood with other close family members and more than one person. The consequence of failing to meet with these criteria is an annulment of marriage, meaning a valid marriage never existed in the first place. iii) Three arms of government The Commonwealth parliament amended the Family Law Act 1975......

Words: 782 - Pages: 4

Free Essay

Law Relating to the Family

...The law relating to the Family Brandon D. Allen 2011 Family law is of crucial importance to every individual, whether adult or child. Family law that regulates interpersonal relationships. Family law provides the legal framework for the establishment of marriage, the dissolution of marriage, the legal consequences of marriage and cohabitation, civil partnerships and the legal regulation of domestic violence. Much of the family law nowadays is concerned with the law relating to children. The status of a child, its parentage, and the rights of the child, the child’s welfare and the powers of the state in relation to the child are all central concerns. Family law has a wide and diverse. Some topics will require considerable more time than others. For example, the formalities of marriage, although detailed and rather complex, it should require much less of your time than the law relating to divorce. Family law is a growing body of cases which deals with the incorporation into English law. Family law is one of those fields in which you simply cannot avoid talking about, its those things that are happening in the outside would, economic changes, political changes, the sexual revolution, and so on. (Oxford University Press, 2003). Family law seems to be everywhere today. Abortion remains a litmus rest for political allegiances. Single-sex marriage divides state voters. Child......

Words: 1187 - Pages: 5

Free Essay

Family Law

...At KLE Society’s Gurusiddappa Kotambri Law College, we believe that the quest for knowledge is best facilitated by creating the right environment and enabling interaction. You will find that our well-stocked library triggers off discussions not just in the classrooms but in the canteen and hostel common room as well. The sharing of ideals is extended through legal awareness programs and model Parliment that you will participate in. Your community life is not restricted to the field of law alone but finds expression on the sports field and cultural arena as well. Library over 10,000 volumes and journals College campus and provide a homely environment including mess facilities. Open from 9 am to 5 pm on working days Legal Aid Clinic Fully computerized for quick and easy access to titles The College is actively involved in the endeavour to spread e-Library with online connectivity and a large offline database legal awareness amongst the student community. Trained Educational Tours students visit other colleges to deliver lectures on legal topics. Counseling Cell Legal Aid and Legal Literacy Camps too are a regular feature. Placement Cell Model Lok Sabha NSS Unit Regular cultural activities and participation in external and Health insurance for students internal competitions Hostels Active sports committee to encourage participation in indoor For outstation students, the College provides separate hostels to and outdoor games accommodate both girls and boys. The hostels are......

Words: 779 - Pages: 4

Free Essay

Family Law and Divorce Mediaton Memo

...PA415-01:   Family Law and Divorce Mediation 1202A March 2012 Term Instructor: Lashawn Piquant Unit 8 Memo Delvoye standards To: Supervising Attorney From: Paralegal- Dow L. Pettis Implications of the Proposed Adoption of the Delvoye Standard for Habitual Residence Abstract It is quite intriguing that despite having many standards proposed and used in the determination of a child 's habitual residence , there has still not come a standard that will conform fully to the objectives of the Hague Convention on the Civil Aspect of International Child Abduction . The Delvoye standard seems to be the most compatible with the guidelines of the convention . An examination of its implications advantages and disadvantages might tell us whether its application can help deter parents from child abduction and wrong retention. The Delvoye Standard of habitual residence of children is a standard that depends on the child 's age and maturity as a determinant for its habitual residence . It also considers the mutual intent of the parents At the age of infancy it also considers both the physical present state in which the child was before the removal or retention and the period in time that the child spent in that state. Implications of the Delvoye Standards The Delvoye Standard for habitual residence has got different implications linked to its adoption . First , it implies that the law of a child 's residence being based on its citizenship is not important in determination...

Words: 1016 - Pages: 5

Free Essay

Unit 3 Assignment for Pa250 Family Law

...Michael Crockett PA 250 Family Law Prof: Jessica Gauvin June 22, 2013 Unit 3 Assignment The Uniform Premarital Agreement Act is the regulation that allows the parties of a premarital contract to choose the state's jurisdiction under which their contract will fall. A couple can decide on any state in which one of the parties lives or plans to live or the state in which the couple will be married. Because this act has not been passed in all states, parties to a prenuptial contract are also limited to choosing only the states that have passed the Uniform Premarital Agreement Act. It was drafted by the National Conference of Commissioners on Uniform State Laws in 1983. The state of Texas is one of 27 states that adopted the Uniform Premarital Agreement Act (UPAA) Texas Family Code, Chapter 4: Premarital and Marital Property Agreements govern Texas prenuptial agreements. There are obligations that the couple must meet and some circumstances that might render the agreement void. Prenuptial agreements need to be in writing. Some states require a notarized agreement, but Texas does not. Both partners must fully disclose their assets and liabilities. This includes getting appraisals done for things that might be difficult to value. The partners need to understand each other’s situation fully before they can agree to anything in a prenuptial agreement. A court will void an agreement that involves less than full disclosure on the part of one of the partners. Each partner......

Words: 849 - Pages: 4

Premium Essay

Australian Family Law Act 1975 (Cth)

...The Australian legal system acts in the interest of family relationships to ensure the family is financially secure and any children of the relationship are efficiently cared for. Many of the amendments made to legislations centre on enforcing parental responsibility and ensuring decisions are made in best interests of children. A function of the family is to care and protect its members. Our changing society has resulted in changing family structures. This has created a need in the community and law to reform and amend law in order to better protect society. The law has given married couples the option to separate and divorce for the benefit of their wellbeing and others. The law has put in place procedures during and after the fact of divorce...

Words: 1671 - Pages: 7

Free Essay

Modern Family Law in India

...Modern Family Law: Changing attitudes and Agendas in the Personal Laws and the Uniform Civil Code Introduction: In the current modern state the need for a legal centralism is required. The dominant legal model of the uniform legal system brings out the modern State and the attitude of the people. India is one of the many countries in which the uniform legal system has gained such momentum maybe not in implementation but has gained much interest in a heated political debate. Article 44 of the Constitution of India, 1950 has anticipated the eventual implementation of the uniform legal system. Article 44 in the constitution of 1950, reads, “Uniform Civil Code for the citizens of India- the State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.” But the much anticipated eventuality has been a distant dream since the past 60 years. India is known for its socio-economic diversities and inequalities. India is one of the most diverse democracies of the world. India’s secularism which is enshrined in the preamble of the constitution is not an anti-religious policy but outlook to frame the country into one entity. India’s pluralism is linked with how the Hindu culture has never been mono-cultural or monotheistic. India’s democracy also aims at providing all citizens equal rights; this premise is based on treating equals equally. There are many shifting agendas in the personal laws in India. People’s outlook towards bigamy ,......

Words: 3428 - Pages: 14

Premium Essay

Relationships Between Families by Hammurabi’s Law

...Relationships between Families by Hammurabi’s Law Relationships between Families by Hammurabi’s Law Hammurabi laws deal with all aspects of everyday life, and it describes both major and minor offenses and their punishments. It is one of the first written codes of law in history, and it is the longest code that has been discovered. The laws were made to equalize society, establish justice and fairness, bring about the rule of righteousness, and protect the weak from the strong. However, the rich and poor, men and women, and elites and commoners were treated differently under the law. This deepened the social hierarchy and distinctions between classes and genders, which soon became normal and accepted in society. L. W. King states that “Hammurabi laws also influenced the need for one, powerful leader. It used the political power to generate bonds between the people of different races and backgrounds. The Code of Hammurabi was developed by the Babylonian ruler, Hammburabi. He ruled Babylon, which he expanded to cover most of Mesopotamia, from 1792-1750 BCE. Laws, judgments, and decrees were incorporated into the 282 laws that make up the code. The code was given to Hammurabi by the sun God, Shamash. The Babylonian God, Marduk, facilitated Hammurabi's rule. He gave Hammurabi the authority to rule Babylon. Also, the code gave people moral standards, created distinct social classes, and worked to create equality. It was supposed to "protect the weak from the strong", but it......

Words: 1874 - Pages: 8

Premium Essay

Contractual Issue In Family Law

...ACKNOWLEDGMENT I,RAHUL, student of M.COM from AUSTRALIAN CATHOLIC UNIVERSITY (ACU). MELBOURNE “I certify that this is a true and correct copy of the original, which I have sighted.” RAHUL INTRODUCTION TO CONTRACTUAL CLAIM A contractual claim is an entitlement under the contract itself where specific provisions or implied conditions of the contract can be invoked to support the entitlement. A Claim under law, sometimes referred to as an ‘extra-contractual’ claim is where the entitlement accrues from the provisions of the law. FIGURING OUT WHO CAN SUE First, you need to figure out whether you have the right to file a lawsuit against the person or business you have a dispute with. To file a lawsuit in court, you have to be someone directly affected...

Words: 908 - Pages: 4

Free Essay

Section 4 of Muslim Family Laws Ordinance

...Section1. INTRODUCTION In Islamic Law of Succession, the matter of inheritance by grandchildren from predeceased child of deceased stands on a critical position. By the rule of traditional succession law any son of the deceased excludes such grandchildren generally. But now this time many states brought some changes as to such traditional rule for the benefit of such grandchildren which works as shields from total exclusion. Pakistan brought a major change in 1961 by section-4 of the Muslim Family Laws Ordinance (MFLO). In Bangladesh the same law has become accepted through the promulgation of the ‘Laws Continuance Enforcement Order, 1971’. Section-4 the MFLO’1961 affects the fundamental principles of Muslim Law of Succession. Bangladesh is the only country which has adopted such change. Although this law has faced many challenges in Pakistan but in Bangladesh no academic discussion or judicial interpretation is made till now. Since 1961, from the date of adoption of MFLO there are differences of opinion among the persons. Some of them supported such enactment and some of them denied. The persons who opposed the law are known as traditionalists and the others are modernists. Both groups have logics behind their beliefs. Professor Serajuddin has rightly pointed it out that ‘It will however, be wrong to assume that only the traditionalists are opposed to orphaned grandchild’s inheritance. Again an internationally acclaimed scholar on Islamic Law thinks that section-4 of......

Words: 2809 - Pages: 12

Premium Essay

Assess Sociological Views of the Impact of Government Policies and Laws on Family Life.

...Assess sociological views of the impact of government policies and laws on family life. There are many different views of how government policies and laws affect family life among different sociological theorists. Some view government policies as positive whereas some see the impact as positive. Feminists argue that many government policies promote the patriarchal family and reinforces the women’s economic dependence on a man. Policies such as tax benefits and maternity leave are seen as negative policies as they promote the ideology of women being the main childcares in a relationship. Women are entitled to 9 months maternity leave whereas men are only able to receive 2 weeks paid paternity. Consequently, this means women are forced to be the parent that stays at home to look after the child as a couple would not be able to have financial stability if the man stayed at home for 9 months without pay. The new right also do not support these policies however for different reasoning. Feminists have a negative view on policies that insinuate that they have to care for their elders, as they believe the role of a caregiver to the sick and elderly should be shared between men and women equally and should be a women’s obligation. Although feminists are against laws that enforce the inequality between men and women they support policies that allow women to be independent from a patriarchal relationship, for example the divorce reform act and working tax credits. The divorce......

Words: 723 - Pages: 3