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1 – 10 of over 6000In the case of Poiret & Anor v Seychelles Pension Fund & Anor (2022), the Court of Appeal, the highest court in Seychelles, took judicial notice of the fact that “[c]ommon law…
Abstract
In the case of Poiret & Anor v Seychelles Pension Fund & Anor (2022), the Court of Appeal, the highest court in Seychelles, took judicial notice of the fact that “[c]ommon law relationships are more prevalent in our society than those between married persons.” In this chapter, the author discusses the law relating to common law marriages in Seychelles by focusing on the following issues: the right to form a family (as a background to understanding common law marriages); requirements for a valid common law marriage; and the rights of parties in a common law marriage. These rights include “court granted” rights and “statutory rights” such as property rights (parties invoking the claim of unjust enrichment in the 1979 Civil Code and property orders and succession under the 2021 Civil Code at the dissolution of common law marriages). I also deal with the remedy of unjust enrichment in the context of the 2021 Civil Code; marital privilege (in case where one of the parties in a common law relationship is accused of committing an offence); and termination of a common law marriage. The author demonstrates the measures taken by courts and the legislators to protect some of the rights of people in common law marriages. The author suggests ways in which courts can interpret the relevant provisions of the 2021 Civil Code. Where necessary, the author highlights how courts or legislators in some African countries such as Kenya, Mauritius, Malawi, Tanzania, Sierra Leone, Ghana, Zambia, South Africa, Namibia, Rwanda, and Uganda have approached some of the issues above.
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Shoshana Grossbard and Victoria Vernon
Using micro data from CPS for the period 1995–2011 we investigate effects of Common Law Marriage (CLM) on labor outcomes and using the ATUS for the period 2003–2011 we study its…
Abstract
Using micro data from CPS for the period 1995–2011 we investigate effects of Common Law Marriage (CLM) on labor outcomes and using the ATUS for the period 2003–2011 we study its effects on household production and leisure. Identification of CLM effects arises through cross-state variation and variation over time, as three states abolished CLM over the period examined in the CPS data. Labor supply effects of CLM availability are negative for married women: for instance, weekly hours of work are reduced by 1–2 hours. In addition, some CLM effects on married men’s labor supply are positive. Consequently, the abolition of CLM in some states helps explain the convergence of men and women’s labor supply. Negative CLM effects on married women’s labor supply are limited to white, Hispanic, college-educated women, and women with children. There is little evidence of effects of CLM on leisure and household production. A conceptual framework based on the concept of Work-In-Household, marriage market analysis, and the assumption of traditional gender roles helps explain gender differentials in the effects of CLM on labor supply and why these effects are larger for white and college-educated women.
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Aleksey Anisimov, Elena Eltanskaya and Agnessa O. Inshakova
The purpose of this article is to classify and study the features of the types of non-standard marriages existing in Russia (de facto, sham, same-sex marriages), in order to…
Abstract
Purpose
The purpose of this article is to classify and study the features of the types of non-standard marriages existing in Russia (de facto, sham, same-sex marriages), in order to adjust their legal regulation by the state.
Design/methodology/approach
The authors of the article examined the theoretical and practical problems of state recognition and regulation of non-standard marriages not recognized by the state, and justified a new strategy of support (in the case of de facto marriages) or counteraction (in the case of sham marriages) of these social phenomena by the state and law. In the light of the negative attitude of Russian citizens to same-sex marriages, the possibility of their support in the future is justified.
Findings
Having studied three types of non-standard marriages, the authors substantiate the need for a different approach of the state to further legal regulation of these social phenomena. It is proved, that in relation to same-sex marriages, the existing non-recognition and negative attitude of the legislator and society in Russia to their legalization will last until the attitude towards sexual minorities in general, changes in Russian society. De facto marriages should be introduced into the legal field, they should be given a normative definition and outline the general legal framework of the rights of de facto spouses and their children. As for sham marriages, it is proposed to consider the lack of intention to create a family and the selfish interest to be their main features pursued by one or both spouses entering into a sham marriage.
Originality/value
The originality and value of the research is stipulated by the consideration of the legal regulation of marriage and family issues in the historical context of the development of the Russian state, as well as the evolution of ideas about morality in Russian society. The changing attitude of society towards de facto marriages, the increase in the number of unregistered married couples indicates the transformation of the moral values of young people and the need for the state to promote the legal protection of such married couples without trying to prohibit or restrict them. Existing approaches to the legal regulation of sham marriages require adjustments, including incorporating the notion of “fictitious divorce” in family legislation.
The literature on cohabitation intimates a clear line between marriage and cohabitation where the latter lacks a formal or legal backing. This understanding overlooks contextual…
Abstract
The literature on cohabitation intimates a clear line between marriage and cohabitation where the latter lacks a formal or legal backing. This understanding overlooks contextual issues which complicate definitions of cohabitation. With evidence from historical and contemporary literature on cohabitation among the Asante of Ghana, this chapter argues that traditional social practices coupled with the plurality of legal frameworks governing marriage in Ghana, leads to subjective constructions and interpretations of cohabiting unions. Consequently, there are situations where one form of partnership would qualify as marriage, whilst the same would be considered a cohabiting union in other circumstances. Again, the sense in which cohabitation functions as a prelude, an alternative or equivalent to marriage among the Asante differs significantly from what pertains in other societies. The chapter, therefore, calls into question the oversimplified meanings of cohabitation often based on the assumption of a dualistic relationship between marriage and cohabitation. The chapter concludes that the definition of cohabitation among the Asante and some sections of the Ghanaian public is fluid and not as clearly defined as it is in other parts of the world, especially the Global North. Given this reality, rather than generalized interpretations of cohabitation, researchers need to consider the contextual differences and understandings of cohabitation in their studies.
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Proposed amendments to divorce laws.
In The Americans, Philip and Elizabeth Jennings are undercover operatives for the Soviet Union. In that capacity, they are responsible for crimes including murder and espionage…
Abstract
In The Americans, Philip and Elizabeth Jennings are undercover operatives for the Soviet Union. In that capacity, they are responsible for crimes including murder and espionage. Yet they also pose as a law-abiding family, running a small business, raising children, and making friends with their neighbours. By ‘practicing’ American life, Philip becomes more American, forging an identity more receptive to American values and attitudes. This chapter draws on concepts from the literature on legal consciousness to examine the relationship between identity and hegemony. Studies of legal consciousness emphasise that consciousness is not simply legal attitudes or even ideology; rather legal consciousness is reflected in the way that people enact their legal beliefs and values. Those enactments help individuals form identities, but those identities are constrained by the hegemonic ideologies that are prevalent in the culture. Law and legal consciousness are important to both processes.
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This paper aims to explore the factors leading to the phenomenon of child trafficking in Egypt, how deeply it runs through the Egyptian society and evaluate the state’s efforts to…
Abstract
Purpose
This paper aims to explore the factors leading to the phenomenon of child trafficking in Egypt, how deeply it runs through the Egyptian society and evaluate the state’s efforts to combat it.
Design/methodology/approach
This research paper uses a case study method applied to the phenomenon of child trafficking in the Arab Republic of Egypt, and how the State is fighting it. The general policy approach is also used to clarify the State’s plans, programs and legislation in addressing the phenomenon of child trafficking, evaluate those policies and analyze the international documents.
Findings
The research paper concluded that child trafficking in Egypt represents a serious phenomenon, which stems from social, economic and cultural reasons. Even though the Egyptian Government exerts relentless efforts to fight this crime, all attempts have proven insufficient due to the lack of coordination between the concerned parties and low funds, in addition to the feeble services offered to the victims.
Practical implications
This study sheds light on a very perilous phenomenon in the Egyptian society; an international one with intricate magnitudes, upon which the State must concentrate more and eradicate it.
Originality/value
The study contributes to drawing the attention of decision makers in Egypt to the dangers of this phenomenon, and to the points of strength and weaknesses of the government’s efforts against it.
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Grace Li and Margaret J. Penning
This chapter focuses on the heterogeneous pathways (including marital and cohabiting union and parenting histories) through which people navigate their family life courses from…
Abstract
This chapter focuses on the heterogeneous pathways (including marital and cohabiting union and parenting histories) through which people navigate their family life courses from adolescence through mid-life, and their implications for union dissolution in middle and later life. The analyses draw on data (retrospective, cross-sectional) from the 2011 and 2017 Canadian General Social Surveys. The study sample includes individuals aged 50 and over (n = 14,547) who were in a union at age 50. Sequence analyses are used to identify the most common family life course trajectories among these individuals from adolescence through midlife (ages 15–50). Logistic regression analyses then address the implications of these trajectories for union dissolution in middle and later life (ages 50+). The results reveal four main family trajectories that characterize the earlier years of the adult life course: married with children, cohabiting with children, single or cohabiting without children, and married without children. These family trajectories, together with their level of complexity, play an important role in relation to both marital and cohabiting union dissolution outcomes in later life.
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With today's increase in litigation and consumerism, more and more people are going to public and academic libraries to research their legal questions and problems. Recent issues…
Abstract
With today's increase in litigation and consumerism, more and more people are going to public and academic libraries to research their legal questions and problems. Recent issues of Library Journal contain full‐page advertisements sponsored by a legal publisher. Two competitive general legal encyclopedias, American Jurisprudence Second and Corpus Juris Secundum, which are commonly referred to as Am. Jur. 2d and C.J.S., are excellent starting points for a search in the law. This article will discuss general legal encyclopedias and examine both of theabove mentioned encyclopedia sets.