private law Flashcards
family
What is the role of various actors in the field of family law?
Various actors include legislators, courts, legal practitioners, and social workers.
What is the difference between comparative family law and international family law?
Comparative family law studies differences and similarities across legal systems, while international family law deals with legal issues that cross national boundaries.
What are cross-border familial relationships?
Relationships involving individuals from different countries or jurisdictions.
Name different organisations involved in the creation of family law legislation.
- National legislatures
- International organizations
- Non-governmental organizations
What is a key aspect of the EU’s competence in family law?
The EU lacks competence in the field of family law.
Fill in the blank: Comparative family law studies _______ across legal systems.
[differences and similarities]
True or False: International family law is concerned only with domestic legal issues.
False
What is the significance of social workers in family law?
They provide support and services to families involved in legal disputes.
What is the general definition of family?
A collective body of persons who live together and share a legal or emotional bond.
According to Black’s Law Dictionary, what does a family comprise?
A father, mother, and children.
In a broader sense, what can be included in the definition of family?
All individuals related by blood or marriage, and those living together under one head or management.
Why is family recognized as a fundamental unit of society?
It is entitled to protection under international human rights law.
What rights are ensured under international human rights law regarding family?
- Rights to private and family life
- Family reunification
- Parental rights
What does interference of a court refer to?
Actions taken by a court that affect the rights and responsibilities of individuals in a legal matter.
In family law, what can court interference include?
Decisions regarding custody, divorce, and other family-related issues.
What legal standards are used to assess court interference?
- Whether the interference is in accordance with the law
- Serves a legitimate aim
- Is necessary in a democratic society
What article of the European Convention on Human Rights protects the right to respect for private and family life?
Article 8.
What does subsidiarity mean in the context of EU family law?
The EU only acts in areas where it can achieve better results than member states acting individually.
Why is family law traditionally considered a matter of national sovereignty?
It reflects deeply held cultural and societal values.
What are cross-border implications in family law?
Family law issues that involve individuals residing in different countries.
What is required for significant changes to EU family law?
Unanimity among member states.
What does the Margin of Appreciation allow states to do?
It allows states some flexibility in implementing the ECHR.
What is comparative family law?
The study of family law systems across different countries to identify similarities and differences.
What is international family law?
The body of international treaties and conventions governing family relationships with cross-border implications.
What organization is responsible for the European Convention on Human Rights?
Council of Europe.
Which international organization develops treaties related to family law?
United Nations (UN).
What is the role of the European Union in family law?
It has limited direct competence but addresses cross-border issues.
What is jurisdiction in the context of family law?
The authority of a court to hear and decide a case.
What is applicable law in family law disputes?
The law that governs the substantive aspects of a family law dispute.
What landmark case highlighted discrimination against children born out of wedlock?
Marckx v. Belgium.
What landmark case concerns gender recognition and its impact on family law?
Goodwin v. UK.
What does Kautzor v. Germany illustrate?
The balancing of rights between biological and legal parents and the child’s best interests.
Who are key actors in the family law system?
- Courts
- Judges
- Lawyers
- Mediators
- Arbitrators
- Family Members
- Government Agencies
- Social Workers
