Lecture 1: Sources and Principles Flashcards
Name one pro and one con of the extra-marital cohabitation trend.
Pro: no difference between non-marital and marital families
Con: it is considered morally wrong, relationships that people enter into should be stable.
What are the 4 steps in Art.8 ECHR
Art8(1)
Step 1: what is the scope of the protected interest?
Step 2: what is required of the state to “respect” that interest?
Art8(2)
Step 3: has there been an interference with an art.8 right?
Step 4: can it be justified?
Explain the 3 requirement of step 4 Art.8(2)
1: is it in accordance with the law?
2: is it for a legitimate aim?
3: is it necessary in a democratic society?
Name the 5 conditions for future formal spouses
1: age
2: sex
3: residency
4: monogamy
5: prohibited degrees
Name the 5 grounds for divorce in England
1: adultery and intolerable
2: unreasonable behavior
3: desertion for continuous period of two years
4: consent and two years of separation
5: no consent and five years of separation
Name 4 different kinds of divorce
1: fault-based divorce
2: divorce upon irretrievable breakdown
3: divorce by mutual consent
4: divorce upon demand
Name two types of non-marital relationships
1: cohabitation
2: registered partnership
Explain the establishment of a relationship according to a pluralistic model
Two time periods and in the second time period both same-sex and different sex couples could marry or register
Explain the establishment of a relationship according to a dualistic model
Same-sex couples can only register
Different sex couples can only marry
Explain the establishment of a relationship according to a monist model
Same-sex and different sex couples can get married. There is no registered partnership
Explain the dissolution of a relationship according to a pluralistic model
Protective and non-protective dissolution or a divorce
Explain the dissolution of a relationship according to a dualistic model
Different-sex couples can get a divorce
Same-sex couples get only get a dissolution of RP
Explain the dissolution of a relationship according to a monist model
Both same-sex and different-sex couples can get divorced
What are the basic conditions for the determination of recognition?
Form: notarial deed or at municipality
Moment: before or after birth
Consequences: creation of legal ties from the moment of recognition
Name the grounds for judicial determination of parentage
- man is the begetter of the child (DNA)
- the consent of the male/female life companion,
What is parental responsibility?
Set of powers, rights and duties with regards to children, the law allocated to the parents or to third persons.
Explain attribution of parental responsibility for children born in wedlock
1: during their marriage the parents exercise joint parental authority
2: after dissolutions of the marriage the parents continue to exercise parental responsibility jointly
3: after dissolution of the marriage the parents or one of them can request the district court to remove one’s parental responsibility
Explain attribution of parental responsibility for children born outside of wedlock
If only maternity is established or if the parents are not married only the mother has parental responsibility.
Name 5 types of adoption
1: on the basis of the effect
2: on the basis of the adoptee
3: on the basis of the adopters
4: procedure
5: on the adoptee’s background
Name three extremes of matrimonial property
Extreme 1: universal community of property
Extreme 2: separation of property
Middle ground: community of assets and gains
