Suchergebnisse

Intro -- Foreword -- Preface -- Acknowledgements -- Table of cases -- Table of statutes -- Table of statutory instruments -- Table of International Material -- Part 1: Types and stages of forced marriages -- Chapter 1 Introduction -- Chapter 2 What is a forced marriage? -- Introduction -- Family law definition -- Criminal law definition -- Marriages where parties lack capacity and the Court of Protection -- Arranged marriages and the 'grey area' -- Civil law definition -- Public international law -- Chapter 3 Prevention -- Positive obligation to prevent and protect under the Convention -- Forced Marriage Protection Orders -- International prevention -- Declarations and injunctions under the Mental Capacity Act 2005 -- The Modern Slavery Act 2015 -- Chapter 4 Punishment -- Introduction -- Criminal offences -- Breach of injunctions -- Chapter 5 Remedies following a forced marriage -- Introduction -- Foreign marriages -- Declaration of non-recognition -- Decree of nullity -- Chapter 6 Forced Marriage and Human Rights -- The European Convention on Human Rights -- Article 3: Prohibition of torture -- Article 6: Right to a fair trial -- Article 8: Right to respect for private and family life -- Article 14: Protection from discrimination -- Positive obligations -- Balancing of rights -- The Human Rights Act 1998 -- Chapter 7 Honour-based forced marriage -- Introduction -- Motivations for honour-based forced marriages -- LGBTQ+ forced marriage -- Issues with the term 'honour-based violence' -- Interplay of cultural and religious rights -- Chapter 8 Vulnerable individuals and those lacking capacity -- Introduction -- The test for capacity -- Before a marriage where parties lack capacity takes place -- After a marriage where parties lack capacity has taken place -- Scope of the inherent jurisdiction -- Test for vulnerability -- Protections available.

Marriage Law in Indonesia is regulated in Act Number 1 of 1974 concerning Marriage and undergoing changes to Act Number 16 of 2019, which regulates how the norms and principles of marriage are considered and recognized by the Indonesian state. The purpose of marriage in Indonesia as regulated in Act Number 1 of 1974 article 1 states that: "Marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the Almighty God. one". The problem that arises then is whether the existing and developing customary marriages before the enactment of the Marriage Law can be recognized by the Indonesian state. The types of customary marriages that are not in accordance with the objectives, norms, and principles of marriage according to the Marriage Law are one of them is the Merariq Traditional Marriage Tradition, which from this merariq marriage tradition results in many early marriages or child marriages according to the legal age threshold. Law Number 16 of 2019 which is the main discourse of this study looks at the dimensions of Marriage Law through the eyes of the Merariq Indigenous Marriage of the Sasak Tribe. This study uses a normative juridical approach where this approach is carried out by tracing the norms that live in Indonesian positive law. Whereas the cases raised by merariq traditional marriages have caused many legal problems, furthermore, the high level of child marriage is due to the absence of a social safety net for anyone who wants to carry out a merariq marriage so that there is no legal protection and certainty for the parties to the marriage, especially women who are in a vulnerable position, Therefore, the implementation and enforcement of national marriage law must be considered again in its enforcement and implementation so that there is no legal vacuum where national law is not present in the community.

In a follow-up to a recent piece on new legislation that criminalises forced marriage, Coram Children's Legal Centre researcher Catrin Gosby explores its potential impact, as well as some of its limitations

Based on economic theory, this book offers a novel approach to understanding the marital dynamic, explaining the substantive regulation of marriage and modeling legal outcomes at the conflict of laws level. On this ground the author proposes specific rules to regulate the party autonomy for the law governing the relationship, and to determine the applicable law in absence of a choice of law agreement for key aspects of the relationship: maintenance obligations, divorce, and property regime.The book is organized in two parts, preceded by an introductory section, where the results achieved by the harmonization of conflict rules promoted by the EU are examined critically. The first part puts forward economics as the approach to better comprehend the couple's expectations of marriage. It focuses on explaining the economic rationale behind marriage, underlining its contractual nature, and demonstrating that common legal remedies as well as several mandatory and default rules in modern marriage law indeed have an economic foundation. The second part is devoted entirely to the conflict of laws dimension of marriage. The book will therefore be of interest to scholars and lawmakers attempting to launch reforms anywhere or looking for a practical and novel application of economics in the analysis of the law.

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Marriage law links the private and the political, connecting the aspirations of individuals to the regulatory ambitions of the state. Marriage has significant social and cultural importance, but the assumptions of stability and care it entails are also useful to government. As a result, marriage law has, both historically and in the present, been offered as the solution to a range of social problems. Using Ireland as a case study example, this essay focuses on the problems that marriage law reform has attempted to address and the political frameworks within which reform took place. It suggests that marriage law is a technique of government that aims to encourage marriage performance in the interests of economic and social stability.