Author: Macarena Sáez Publisher: Springer ISBN: 9401797749 Category : Law Languages : en Pages : 215
Book Description
This book shows six different realities of same-sex families. They range from full recognition of same-sex marriage to full invisibility of gay and lesbian individuals and their families. The broad spectrum of experiences presented in this book share some commonalities: in all of them legal scholars and civil society are moving legal boundaries or thinking of spaces within rigid legal systems for same-sex families to function. In all of them there have been legal claims to recognize the existence of same-sex families. The difference between them lies in the response of courts. Regardless of the type of legal system, when courts have viewed claims of same-sex couples and their families as problems of individual rights, they have responded with a constitutional narrative protecting same-sex couples and their families. When courts respond to these claims with rigid concepts of what a family is and what marriage is as if legal concepts where unmodifiable, same-sex couples have remained outside the protection of the law. Until forty years ago marriage was the only union considered legitimate to form a family. Today more than 30 countries have granted rights to same sex couples, including several that have opened up marriage to couples of the same sex. Every day there is a new bill being discussed or a new claim being brought to courts seeking formal recognition of same sex couples. Not all countries are open to changing their legal structures to accommodate same-sex couples, but even those with no visible changes are witnessing new voices in their communities challenging the status quo and envisioning more flexible legal systems.
Author: Jens M Scherpe Publisher: Bloomsbury Publishing ISBN: 184731886X Category : Law Languages : en Pages : 636
Book Description
This book deals with a subject that has recently been the focus of debate and law reform in many jurisdictions: how much scope should spouses have to conclude agreements concerning their financial affairs - and under what circumstances should such agreements be binding and enforceable? These marital agreements include pre-nuptial, post-nuptial and separation agreements. The book is the result of a British Academy-funded research project which investigated and compared the relevant law of England and Wales, Australia, Austria, Belgium, France, Germany, Ireland, the Netherlands, New Zealand, Scotland, Singapore, Spain, Sweden and the jurisdictions of the United States. In addition to chapters on these jurisdictions, the book includes a chapter on the 'English practitioner's view'. It also provides a comparative analysis of the different matrimonial property regimes and the rules on marital agreements that explores underlying themes and principlesand makes recommendations for regulating marital agreements. A key theme is the function and effect of marital agreements in the different jurisdictions. Thus, each chapter first explains the underlying 'default' rules for ancillary relief/matrimonial property and maintenance. It then analyses the current rules for marital agreements, and gives a brief account of the private international law rules. The book provides a comprehensive source of reference on ancillary relief/matrimonial property and maintenance and the rules on pre-nuptial, post-nuptial and separation agreements in 14 jurisdictions. It offers guidance for academics and practitioners dealing with international matters, and a basis for discussions on law reform. 'I applaud the vision and perseverance of Jens Scherpe in having conceived this book and, with so much distinguished help, in now bringing it to birth. I will be using it for many years and I warmly invite my fellow family lawyers across the world to do likewise.' Foreword by The Rt Hon Lord Wilson of Culworth, Justice of the Supreme Court of the United Kingdom This title is included in Bloomsbury Professional's Family Law online service.
Author: Daniele Gallo Publisher: Springer Science & Business Media ISBN: 3642354343 Category : Law Languages : en Pages : 581
Book Description
The present volume focuses on the jurisprudence of national, supranational and international jurisdictions (and quasi-juridictions) as regards the legal status of same-sex couples. Its aim is to explore the content, rationale, functioning and potential of the different jurisdictions’ reasonings and their contribution to the strengthening of LGBTI rights (and duties). As a consequence, the book tries to convey the complexities and controversies that derive from the judicial recognition of same-sex couples across the world, taking always into account the relationship of the judiciary with the executive and the legislature and the related problems of legitimacy and democracy. The volume deals with this issue and considers it as a crucial test for modern democracies and contemporary societies.
Author: Kenneth Reid Publisher: OUP Oxford ISBN: 019106422X Category : Law Languages : en Pages : 680
Book Description
Intestate Succession is the second volume in the Comparative Succession Law series which examines the principles of succession law from a comparative and historical perspective. This volume discusses the rules which apply where a person dies either without leaving a valid will, or leaving a will which fails to dispose of all of the person's assets. Among the questions considered are the following: What is the nature of the rules for the disposal of the deceased's assets? Are they mechanical or is there an element of discretion? Are particular types of property dealt with in particular ways? Is there entitlement to individual assets (as opposed to money)? Do the rules operate in a parentelic system or a system of some other kind? Are spouses treated more favourably than children? What provision is made for extra-marital children, for adopted children, for step-children? Does cohabitation give rise to entitlement? How are same-sex couples treated? Broader questions also arise of a historical and comparative nature. Where, for example, do the rules in intestate succession come from in particular legal systems? Have they been influenced by the rules in other countries? How are the rules explained and how are they justified? To what extent have they changed over time? What are the long-term trends? And finally, are the rules satisfactory, and is there pressure for their reform? As in the first volume, this book will focus on Europe and on countries which have been influenced by the European experience such as Australia, New Zealand, South Africa, the United States of America, Quebec, and the countries of Latin America. Further chapters are devoted to Islamic Law and Nordic law. Opening with a discussion on Roman law and concluding with an assessment of the overall development of the law in the countries surveyed, this book will provide a wider reflection on the nature and purpose of the law of intestate succession.
Author: Susan Gay Drummond Publisher: UBC Press ISBN: 0774809256 Category : Law Languages : en Pages : 288
Book Description
Comparative law and legal anthropology have traditionally restricted themselves to their own fields of inquiry. Mapping Marriage Law in Spanish Gitano Communities turns this tendency on its head and investigates what happens when the voices of each discipline are invited to speak to each other. Susan Drummond forges this hybrid form of comparative work through small- and large-scale studies of Gitano marriage law as it emerges in a Western European state, in a modern urban centre, and in particular communities and families. Drummond’s mapping of Gitano marriage law is grounded in ethnographic fieldwork in Andalucia. The study draws initially from the tradition of comparative law to focus on the emergence of Spanish state family law in a predominantly national and international context. Drummond then adopts the role of legal anthropologist to examine a particular legal culture that exists within, and also beyond, the Spanish state: that of the Gitanos and the transnational Roma. Ultimately, she brings the international, national, and cultural dimensions of law into play with one another and contemplates how all of these influences bear on the spirit of Andalusian Gitano marriage law. The result is an ethos of marriage law in a thoroughly mixed legal jurisdiction. Mapping Marriage Law in Spanish Gitano Communities will appeal to scholars and students in comparative law and legal anthropology, as well as readers interested in Roma studies in general, and the Gitanos in particular.
Author: Macarena Sáez
Author: Jens M Scherpe
Author: Gustavo A. Bossert
Author: Daniele Gallo
Author: Cuba. Military Governor, 1899-1902 (Leonard Wood)
Author: Harvard Law School. Library
Author: Kenneth Reid
Author: 
Author: Susan Gay Drummond
Author: Cuba. Military governor, 1899-1902 (Leonard Wood)