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Philip C. C. Huang - Chinese Civil Justice, Past and Present

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Philip C. C. Huang

Chinese Civil Justice, Past and Present

2009

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4. Divorce Law Practices S. 87-124

„… not explicitly stated in the laws.3 Marriage and divorce law in contemporary China, it will be seen …” „… warrant divorce, as had been included in earlier laws. Instead, the 1950 Marriage Law focused almost …” „… divorce law practices made up the core of what might be termed “Maoist justice,” which is the most …”

6. Civil Adjudication, Past and Present S. 145-190

„… , practice-based approach to law.Tort LawIn formalist Continental law—including the 1900 German Civil Code, which …” „… sphere of the PRC’s divorce law.The 1953 cases stand out because they were brought during the campaign …” „… Republican lawmaking.Presented with the modern West’s common law and Continental models, the Republican …”

7. Court Mediation, Past and Present S. 191-226

„… agreement (xieyi). The 1950 Marriage Law excluded from the divorce settlement only “such property as …” „… divorce law has moved steadily away from assigning fault to-ward a greater emphasis on dispute resolution …” „… court actions in older areas of civil law such as those discussed above: divorce, rights of owner-ship …”

5. “Reform” in Evidence Procedure S. 125-144

„… — 125 —5“reform” in evidence ProcedureReasonable and Unreasonable Practices of Divorce LawThe …” „… , especially in the sphere of divorce law.Moreover, there are different requirements for evidence between …” „… they actually operate?The Evidence System in the Practice of Divorce LawWith reform has come a high …”

Index S. 289-296

„… , history of, 145–89Civil Affairs Bureau, 137civil justice, 253–61; and divorce law practices, 120–23; term …” „… on, 150. See also divorceMarriage Law, 1950, 89–90, 111, 117–18, 204; consequences of, 112–13Marriage …” „… ; divorce law and, 205; practical moralism and, 236–38; Qing law and, 149public sphere, 15, 76Qing law …”

8. Whither Chinese Law? S. 227-252

„… can be further illustrated with marriage and divorce law, discussed below.Marriage and Divorce LawAs …” „… “wrongful acts.”The pattern is perhaps clearest in divorce law. CCP lawmaking did not insist on the original …” „… law and lawmaking.In thus isolating the modern characteristics of China’s recent and distant past, I …”

2. Community Mediation, Past and Present S. 21-62

„… still.The principle-method of “law-policy first and qingli second” can also be seen in divorce cases. There …” „… . Divorce stands out as something of a special sphere. In the marriage law movement of the early 1950s …” „… new marriage law to seek divorce had already done so. At the same time, the courts became increasingly …”

1. Introduction S. 1-20

„… law.Divorce Law Practices and the System of Court MediationThe history of the practice of divorce law reveals …” „… developed alongside divorce law practice, especially with disputes involving no-fault fact situations …” „… ,” formulated during the course of the practice of divorce law, may be seen as the “logic of the history of …”

9. Conclusion S. 253-262

„… operative reality in di-vorce law that is incongruent with what is really needed by the existing laws. In …” „… responsibility even when there is no fault, thereby reconciling law with lived realities. In divorce law, after …” „… Maoist period, as for example in its divorce law practice, and in the legal practice of the Reform period …”

References S. 273-288

„… : Stanford University Press. ——— (2005) “Divorce Law Practices and the Origins, Myths, and Realities of …” „… .——— (1996) “The Re-Emergence of Family Law in Post-Mao China: Marriage, Divorce, and Reproduction.” In …” „… : Foreign Lan-guages Press.“Marriage Law of the People’s Republic of China” ([1980] 1987) In The Laws of the …”

Preface

„… : Semiformal Governance by Quasi-Officials and Dispute Resolution 63 4 Divorce Law Practices: The Origins …” „… Unreasonable Practices of Divorce Law 125 6 Civil Adjudication, Past and Present 145 Bibliographic Note …” „… Selden“In this book Huang demonstrates the extent to which key aspects of late imperial civil law—the …”

doi.org/10.5771/9780742567719

Federal Constitutional Court - Decisions of the Bundesverfassungsgericht - Federal Constitutional Court - Federal Republic of Germany

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Federal Constitutional Court (ed.)

Decisions of the Bundesverfassungsgericht - Federal Constitutional Court - Federal Republic of Germany

2013

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BVerfGE 53, 224 Judgment of the First Senate of 28 February 1980 – 1 BvL 136/78, 1 BvR 890/77, 1300, 1440/78, 32/79 “Divorce law case” Dissolution of marriage according to the new law because of breakdown of marriage – also irrefutably presumed after three-year separation –; application to “prior marriages”; hardship clause S. 138-155

„… – “Divorce law case” HEADNOTES: 1. It does not violate Article 6.1 of the Basic Law (Grundgesetz – GG) that …” „… divorce law also for marriages which were concluded prior to 1 July 1977. Judgment of the First Senate of …” „… the question of whether material provisions of divorce law, which has been amended since 1 July 1977 …”

BVerfGE 61, 358 Judgment of the First Senate of 3 November 1982 – 1 BvL 25, 38, 40/80, 12/81 “Joint custody case” Decision regarding the exclusion of the joint custody of divorced parents S. 203-219

„… principle in divorce law, the priority previously afforded to the parent not at fault with regard to the …” „… right contained in Article 6.1 sentence 1 of the Basic Law. Judgment of the First Senate of 3 November …” „… the version of the Act Reforming the Law on Parental Custody (Gesetz zur Neuregelung des Rechts der …”

BVerfGE 105, 1 Order of the First Senate of 5 February 2002 – 1 BvR 105, 559/95, 457/96 “Post-marital maintenance case” Equivalence of family work and gainful employment in the assessment of post-marital maintenance S. 530-540

„… or her own income in the respective amount after divorce. 2. The established case-law of the civil …” „… conjunction with Article 3.2 of the Basic Law (Grundgesetz – GG). The judgment is reversed. The case is …” „… Article 6.1 in conjunction with Article 3.2 of the Basic Law. The judgment is reversed. The case is …”

BVerfGE 103, 89 Judgment of the First Senate of 6 February 2001 – 1 BvR 12/92 “Marriage covenant case” Judicial review of agreements in a covenant of marriage concluded with a pregnant woman prior to the conclusion of marriage S. 475-490

„… claims for the time after divorce, and in doing so may indeed forgo maintenance altogether. Property law …” „… relationships under the law on maintenance in the 476 event of divorce by virtue of covenants of marriage …” „… of the law on divorce and from fear of maintenance claims from his wife in the event of a divorce …”

BVerfGE 31, 58 Order of the First Senate of 4 May 1971 – 1 BvR 636/68 “Spaniard case” Validity of fundamental rights (here: Article 6.1 of the Basic Law) for German international private law; freedom of marriage (act of marriage between a Spanish man and a German woman divorced by a German court) S. 100-121

„… law does not recognise the divorce. Order of the First Senate of 4 May 1971 – 1 BvR 636/68 – in the …” „… to canon law; Spanish law, which also did not permit the divorce of civil marriages, refused to …” „… law. Neither could the reference to the legal effect of a divorce decree issued to two German …”

BVerfGE 108, 351 Order of the First Senate of 7 October 2003 – 1 BvR 246/93, 2298/94 “Case relating to the splitting advantage in case of spousal maintenance” Unconstitutionality of the consideration of fiscal advantages from a new marriage of a person obliged to provide maintenance in the assessment of the maintenance payable to the former spouse S. 669-680

„… separation or divorce of the spouses by virtue of a change in tax classes prescribed by law or of a change to …” „… – violates the complainant’s fundamental right under Article 6.1 of the Basic Law (Grundgesetz – GG). The …” „… the fundamental right of 669 the complainant re 1 under Article 6.1 of the Basic Law. The judgments …”

BVerfGE 66, 84 Order of the First Senate of 10 January 1984 – 1 BvL 5/83 “Maintenance priority case” Priority under the law of maintenance for the divorced spouse with care of children S. 220-230

„… on a no-fault basis in line with the new rules of divorce law (for details see Decisions of the …” „… the other spouse’s petition for divorce indefinitely under the divorce law of the First Matrimonial …” „… compatible with Article 6.1 in conjunction with Article 3.1 of the Basic Law (Grundgesetz – GG) if, in cases …”

Index S. 937-956

„… divorce law 138-139, 141-149, 152-154, 221, 228 – fault-based 153 – fault principle 144, 147, 153, 157 …” „… 314-316 application of the law, order on 701 arbitrariness 182, 557 – prohibition of 10, 110, 177, 179 …” „… , 762-763, 765 – right to parental care and upbringing 804, 816 · in Article 6.2 sentence 1 of the Basic Law …”

BVerfGE 55, 171 Order of the First Senate of 5 November 1980 – 1 BvR 349/80 “Custody case” Accommodation of the will of a child in a ruling on custody after divorce of the parents and ruling of the judge with jurisdiction on the question of the personal hearing of children under the age of 14 S. 156-165

„… into account the abolition of the fault principle in the law on divorce. § 1671 of the Civil Code has …” „… into account in rulings on custody after the divorce of the parents (§ 1671.2 of the Civil Code), and …” „… required (§ 50b of the Act on Matters of Non-Contentious Jurisdiction), is in compliance with the Basic Law …”

BVerfGE 118, 45 Order of the First Senate of 28 February 2007 – 1 BvL 9/04 “Childcare maintenance case” Incompatibility of the different assessment of childcare maintenance because of the care or bringing up of children born in and out of wedlock (§§ 1570 and 1615 l.2 sentence 3 of the Civil Code) with Article 6.5 of the Basic Law S. 779-803

„… is in breach of Article 6.5 of the Basic Law to determine the duration of a maintenance claim granted …” „… sentence 3 of the Civil Code, on the other hand, is incompatible with Article 6.5 of the Basic Law. 2. The …” „… the Basic Law (Grundgesetz – GG) that § 1615 l.2 sentence 3 of the Civil Code (Bürgerliches Gesetzbuch …”

Titelei/Inhaltsverzeichnis

„… 136/78, 1 BvR 890/77, 1300, 1440/78, 32/79 “Divorce law case” Dissolution of marriage according to …” „… conclusion of marriage, the law on maintenance, rights of custody, adoption and divorce, through to the right …” „… topics international law/law of the European Communities, freedom of speech, questions of law arising …”

BVerfGE 109, 256 Judgment of the First Senate of 18 February 2004 – 1 BvR 193/97 “Joint family name case” Unconstitutionality of § 1355.2 of the Civil Code, which prohibits spouses who wish to have a joint family name as their married name the selection of a married name acquired through previous conclusion of marriage S. 681-693

„… not compatible with Article 2.1 in conjunction with Article 1.1 of the Basic Law (Grundgesetz – GG …” „… of the Civil Code in the version of the Act Amending the Law on Family Names …” „… (Familiennamensrechtsgesetz – FamNamRG) of 16 December 1993 (Federal Law Gazette (Bundesgesetzblatt – BGBl) I p. 2054). RULING …”

BVerfGE 93, 373 Order of the Second Senate of 16 January 1996 – 2 BvL 4/95 “Case involving a divorced couple’s simultaneous membership of a municipal council” Simultaneous membership of former spouses of the municipal council of a municipality with not more than 20,000 inhabitants S. 355-363

„… inhabitants, is incompatible with Article 28.1 sentence 2 of the Basic Law (Grundgesetz – GG). Order of the …” „… compatible with Article 28.1 sentence 2 of the Basic Law to the extent that it does not permit former spouses …” „… Code of the Land (state) Baden-Württemberg (Law Gazette 1983 p. 578) is incompatible with the Basic Law …”

BVerfGE 99, 145 Order of the Second Senate of 29 October 1998 – 2 BvR 1206/98 “Hague Child Abduction Convention case” Hague Child Abduction Convention; accommodation of the best interests of the child in the special case of converse child return applications S. 386-401

„… the Basic Law (Grundgesetz – GG) in conjunction with the right to a hearing in court (Article 103.1 of …” „… the Basic Law) emerges the obligation to ensure the child’s best interests in procedural terms by …” „… right of the complainant re 1. under Article 6.2 sentence 1 of the Basic Law and the fundamental rights …”

BVerfGE 84, 168 Order of the First Senate of 7 May 1991 – 1 BvL 32/88 “Case regarding custody rights for children born out of wedlock” Joint parental custody for children born out of wedlock S. 320-335

„… born out of wedlock” HEADNOTES: 1. Article 6.2 of the Basic Law (Grundgesetz – GG) is violated when the …” „… of wedlock is ruled out by force of law after the child’s declaration of legitimacy even when the …” „… Law to either deny the legal advantages associated with the declaration of legitimacy to children born …”

BVerfGE 10, 59 Judgment of the First Senate of 29 July 1959 – 1 BvR 205, 332, 333, 367/58, 1 BvL 27, 100/58 “Case concerning parental power” Decision regarding the equality of the mother and the father (father’s final decision) S. 20-39

„… 18 June 1957 (Federal Law Gazette (Bundesgesetzblatt – BGBl.) I p. 609), II. regarding the review …” „… under constitutional law of § 1629.1 of the Civil Code as amended by the Equal Rights Act of 18 June …” „… 1957 (Federal Law Gazette I p. 609) – referrals from the Local Court (Amtsgericht) of Cologne (referral …”

BVerfGE 108, 82 Order of the First Senate of 9 April 2003 – 1 BvR 1493/96, 1724/01 “Biological father case” Decision regarding the legal position of the (putative) natural, but not legal, father and the constitutionality of §§ 1600 and 1685 of the Civil Code and § 1711 of the Civil Code old S. 642-668

„… ” HEADNOTES: 1. Article 6.2 sentence 1 of the Basic Law (Grundgesetz – GG) protects the natural father who is …” „… legal position of father. He must be given the possibility under procedural law of attaining the legal …” „… kind protected by Article 6.1 of the Basic Law if there is a social and family relationship between him …”

BVerfGE 76, 1 Order of the Second Senate of 12 May 1987 – 2 BvR 1226/83, 101, 313/84 “Entry of aliens to join family members living in the Federal Republic” Waiting periods for the entry of aliens (Turkish and Yugoslavian nationals) to join family members living in the Federal Republic of Germany S. 245-286

„… , of the Basic Law establishes a fundamental right allowing foreign spouses or family members to claim …” „… Basic Law that in deciding on a request for residency under § 2.1, second sentence, of the Aliens Act …” „… Law unequivocally assigns to the protection of marriage and the family. 3. The impairment of the …”

doi.org/10.5771/9783845237534

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VRÜ Verfassung und Recht in Übersee

Browse Volumes: VRÜ Verfassung und Recht in Übersee

VRÜ | WCL Volume 5 (1972) Issue 4 ISSN Online: 2941-9603

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Kwame Opoku Divorce in Ghana S. 407-414

„… Probate, Divorce and Matrimonial Causes and proceedings shall be exercised in conformity with the law and …” „… critique of the Nigerian Law of Divorce under the Matrimonial Causes Decree of 1970" 14 JAL (1970 …” „… article "Divorce in Poland - A socio-legal study" in Sociology of Law (ed) V. Aubert (Penguin 1969) 1 …”

Oluwole Agbede Conflict Between Customary and Non-Customary Systems of Law. Preliminary observations S. 415-422

„… law of England automatically affected Ghanaian divorce law. Ordinance marriage differs from the …” „… monogamous, the other forms of marriage are potentially polygamous. The grounds for divorce in English law …” „… are limited but traditional law seems to know of no such limitation. Divorce in English law was based …”

Ze´ev W. Falk Religion und Staat in Israel S. 423-433

„… England. Changes in the law of England automatically affected Ghanaian divorce law. Ordinance marriage …” „… divorce in English law are limited but traditional law seems to know of no such limitation. Divorce in …” „… highlights the lack of research work until lately in the area of internal conflict of laws in common law …”

Agnes Klingshirn The Changing Position of Women in Ghana S. 476-478

„… limited. Polygamy and easy divorce constitute a source of severe economic insecurity for women …” „… their mark on marriage and divorce, and polygamy is on the defensive everywhere. The modern political …” „… few women are employed. In law, medicine and engineering, women are not much in evidence. We must …”

Juan Jose Reyven Die politischen Rechte der argentinischen Frau S. 399-406

„… enhanced by their politi cal engagement during frequent applications of martial law, could be tempted to …” „… on the political rights of women, with recent amendments, is also added. Divorce in Ghana By KWAME …” „… OPOKU Until the passing of the Matrimonial Causes Act of 1 97 1 , English statute and case law …”

Joseph Ben Menashe The Integrative Role of the Supreme Court in Israel. Some Relevant Cases S. 435-445

„… . The first question is that of Family Law, and more specifically that of the problems arising from the …” „… the political and social progress of a developing country, since any ordinary law may viola te with …” „… impunity the Rights of Man and of the Citizen already established in a former law or decision …”

Ernst-J. Kerbusch Die Wahlen vom 28. November 1971 in Uruguay S. 387-398

„… martial law, could be tempted to take over from the faltering politicians . The Political Right� of …” „… also added. Divorce in Ghana By KWAME OPOKU Until the passing of the Matrimonial Causes Act of 1 97 …” „… 1 , English statute and case law governed the dissolution of Ordinance (English law) marriages in …”

doi.org/10.5771/0506-7286-1972-4

Zoran Pokrovac - Rechtsprechung in Osteuropa

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Zoran Pokrovac (ed.)

Rechtsprechung in Osteuropa

Series: Studien zur europäischen Rechtsgeschichte

Volume 275 2012

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R. Ghidau The regulation and legal practice of the institution of the family before and after the publication of the Romanian Civil Code S. 113-172

„… reasons than a woman in order to obtain a divorce. The main reason for a divorce, pursuant to Canon law …” „… , in: P. George Nedelcu, Parental Power in Old Romanian Law, p. 142. 35 The Calimach Code of Laws, para …” „… the institution of the family 37 Matei Basarab’s Code of Laws, norm 213, para. 1. request a divorce if …”

A.S. Kartsov Transplants in the Cassation Senate´s practice S. 233-266

„… bodies and other institutions for explanations of different questions on the Civil law’s theory and …” „… [Law and Code of the Laws], in: J’urnal ministerstva justicii. [The Journal of the Ministry of Justice …” „… Secondly, it regulates the relationship between owners of neighbouring land (Articles 445–447). The law’s …”

doi.org/10.5771/9783465141686

Axel Schmidt, Karl Westhoff - Kindeswohl interdisziplinär

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Axel Schmidt, Karl Westhoff

Kindeswohl interdisziplinär

2020

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IV. Anhang S. 261-318

„… Academy of Psychiatry and the Law, 31, 158–170. Johnston, J. R. (2005). Children of divorce who reject a …” „… . (2018). Arguments against a presumption of shared physical custody in family law. Journal of Divorce …” „… children have to say about their parents’ divorce. New York, NY: Perennial Currents. Ainsworth, M. D. S …”

III. Der Kindeswohlbegriff in den Humanwissenschaften S. 83-260

doi.org/10.5771/9783748904397

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