Lecture 1: Sources and Principles

Question 1

Name one pro and one con of the extra-marital cohabitation trend.

Answer 1

Pro: no difference between non-marital and marital families

Con: it is considered morally wrong, relationships that people enter into should be stable.

Question 2

What are the 4 steps in Art.8 ECHR

Answer 2

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?

Question 3

Explain the 3 requirement of step 4 Art.8(2)

Answer 3

1: is it in accordance with the law?
2: is it for a legitimate aim?
3: is it necessary in a democratic society?

Question 4

Name the 5 conditions for future formal spouses

Answer 4

1: age
2: sex
3: residency
4: monogamy
5: prohibited degrees

Question 5

Name the 5 grounds for divorce in England

Answer 5

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

Question 6

Name 4 different kinds of divorce

Answer 6

1: fault-based divorce
2: divorce upon irretrievable breakdown
3: divorce by mutual consent
4: divorce upon demand

Question 7

Name two types of non-marital relationships

Answer 7

1: cohabitation
2: registered partnership

Question 8

Explain the establishment of a relationship according to a pluralistic model

Answer 8

Two time periods and in the second time period both same-sex and different sex couples could marry or register

Question 9

Explain the establishment of a relationship according to a dualistic model

Answer 9

Same-sex couples can only register

Different sex couples can only marry

Question 10

Explain the establishment of a relationship according to a monist model

Answer 10

Same-sex and different sex couples can get married. There is no registered partnership

Question 11

Explain the dissolution of a relationship according to a pluralistic model

Answer 11

Protective and non-protective dissolution or a divorce

Question 12

Explain the dissolution of a relationship according to a dualistic model

Answer 12

Different-sex couples can get a divorce

Same-sex couples get only get a dissolution of RP

Question 13

Explain the dissolution of a relationship according to a monist model

Answer 13

Both same-sex and different-sex couples can get divorced

Question 14

What are the basic conditions for the determination of recognition?

Answer 14

Form: notarial deed or at municipality
Moment: before or after birth
Consequences: creation of legal ties from the moment of recognition

Question 15

Name the grounds for judicial determination of parentage

Answer 15

• man is the begetter of the child (DNA)

- the consent of the male/female life companion,

Question 16

What is parental responsibility?

Answer 16

Set of powers, rights and duties with regards to children, the law allocated to the parents or to third persons.

Question 17

Explain attribution of parental responsibility for children born in wedlock

Answer 17

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

Question 18

Explain attribution of parental responsibility for children born outside of wedlock

Answer 18

If only maternity is established or if the parents are not married only the mother has parental responsibility.

Question 19

Name 5 types of adoption

Answer 19

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

Question 20

Name three extremes of matrimonial property

Answer 20

Extreme 1: universal community of property
Extreme 2: separation of property
Middle ground: community of assets and gains