...is of crucial importance to every individual, whether adult or child. Family law that regulates interpersonal relationships. Family law provides the legal framework for the establishment of marriage, the dissolution of marriage, the legal consequences of marriage and cohabitation, civil partnerships and the legal regulation of domestic violence. Much of the family law nowadays is concerned with the law relating to children. The status of a child, its parentage, and the rights of the child, the child’s welfare and the powers of the state in relation to the child are all central concerns. Family law has a wide and diverse. Some topics will require considerable more time than others. For example, the formalities of marriage, although detailed and rather complex, it should require much less of your time than the law relating to divorce. Family law is a growing body of cases which deals with the incorporation into English law. Family law is one of those fields in which you simply cannot avoid talking about, its those things that are happening in the outside would, economic changes, political changes, the sexual revolution, and so on. (Oxford University Press, 2003). Family law seems to be everywhere today. Abortion remains a litmus rest for political allegiances. Single-sex marriage divides state voters. Child custody cases periodically dominate newspaper from pages, Parents, family experts, and social critics debate the consequences. The only place that family law seems...
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...Table of content 1. Introduction to contract …………………………………………………………....1 2. Age of majority …………………………………………………….……..1 3. What contract that a minor can enter?......................................................................2 4. Contract of necessaries ……………………………………………………………3 5. Contract of scholarships………………………………………………………..….4 6. Contract of employment ………………………………………………………..…4 7. Contract of marriage ………………………………………………………..…5 8. Reference ……………………………………………………..……6 Introduction to contract Contract (or informally known as an agreement in some jurisdictions), can define as an agreement having lawful object entered into voluntarily by parties or a legally binding or enforceable agreement. Each of whom intends to create one or more legal obligations between them. The legislation in Malaysia governing contract is the Contract Act 1950(Act 136), which revised in year 1974. Contracts are an integral part of our daily lives. There are constantly being entered into by individuals with other individuals or business, as well as businesses with other businesses, to sell or transfer property, to provide and receive services and other rights and obligations created (Lee Mei Pheng & Ivan Jeron Dette, 2014). Contracts are closed connected with our daily life, for example, the sales and purchase of goods in based on contract, the employer hiring employees is based on...
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...into written agreements to understand what the meaning of the term contract is and what and what the requirements are for the formation and dissolution of one. A contract is an agreement between at least two parties giving rise to legal obligations within the limits of the law. The rights and obligations arising from a contract entitle parties involved to receive and demand performance and actions are enforceable by law. Rights and duties are created by the formation of contracts- a right is an advantage entitling the holder to demand that another person should act or refrain from acting. A duty- is a responsibility imposed by law and obliges a person to act or refrain from performing. There are different types of contracts in our legal system which have certain special elements and legal requirements. One of these elements being the capacity to act by each party; which means that the parties involved in the contract must be legally capable of performing the particular act which gives rise to the formation of the contract. According to South African law every legal subject , irrespective of whether he or she is a natural person or a juristic person legally has the capacity to be the bearer of rights and duties, it’s important to note that not every person who has legal capacity has capacity to act. According to (Havenga ,2007:p71) Capacity to act refers to the capacity to perform juristic acts, to participate in legal dealings and to conclude valid contracts, it then becomes...
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...you know them. The Romani Gypsy traditional child marriages have been labeled as savage and barbaric by Anglo-Saxon nations. These accusations are a one-sided story without proper understanding of why this tradition was created, or its past bitter sweet benefit to the Romani Gypsies. Anglo-Saxon territories are working with the Romani government to destroy tradition, through law and media. Should these reigning powers interfere with this cultural tradition? The painful answer is no. Henry Ward Beecher (1813-1887), an American social reformer and abolitionist, once said, “We should not judge people by their peak of excellence; but by the distance they have traveled from the point where they started.” Slavery was the chief cause of the Romani child marriages. For five-hundred years Romani Gypsies suffered enslavement in Romania. These slaves shared many similarities with slaves in United States (US) between 1619 and 1865, (PBS.org). The Gypsies were raped and brutally beaten; young Roma girls were used for sexual enjoyment and bred like livestock. However, Roma parents unearthed a bitter social option, which the American slaves did not have. By wedding their young daughters, consummation would strongly discourage slave owners from raping the children, because they were no longer virgins and considered unclean. (Nicolae, 2009) It is imperative to understand that only a small fraction of Romania practices arranged marriages, and a...
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...1986. He later entered into marriages with Wendy Holm and Ruth Stubbs, Suzie’s 16-year old sister. The marriages to Wendy and Ruth were solemnized in religious ceremonies only and not otherwise registered with the state. Before reaching age 18, Ruth Stubbs conceived two children with Holm. The state of Utah charged him with violating the state’s bigamy law and with having unlawful sexual conduct with a minor. After being convicted, he appealed on the grounds that his conduct was not bigamy and that, in any event, the bigamy law was unconstitutional under state and federal law. Issue: Whether Rodney Holms was appropriately convicted for bigamy and unlawful sexual conduct with a minor? Whether Holm’s behavior violated Utah’s bigamy statute and whether the statute is constitutional? Rule: A person is guilty of bigamy when he knowingly has a husband or wife or the other person has a husband or wife and that person intends to marry another person or cohabits with another person. Utah code section 76-7-101 Analysis: Holms was guilty of bigamy because he purported to marry Ruth Stubbs, after he was already married. The “purports to marry” language under the bigamy statute is broad enough to include this type of religious solemnization engaged in by Holm and Stubbs. The federal constitution does not protect Holm from bigamy prosecution on religious freedom grounds. We hold that the term “marry” includes both legally recognized marriages and those that are not state...
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...Mailed on 23/12/13 BRIEF DISCUSSION ON CONTRACT ACT- 1872 According to Section 2 (h) of the Indian Contact Act, 1872, "A contract is an agreement enforceable by law”. A contract therefore, is an agreement the object of which is to create a legal obligation i.e., a duty enforceable by law. From the above definition, we find that a contract essentially consists of two elements: (1) An agreement and (2) Legal obligation i.e., a duty enforceable by law. As per section 2 (e) "Every promise and every set of promises, forming the consideration for each other, is an agreement." Thus it is clear from this definition that a 'promise' is an agreement. Section 2 (b) states that "When the person to whom the proposal is made signifies his assent thereto the proposal is said to be accepted. A proposal, when accepted, becomes a promise." An agreement, therefore, comes into existence only when one party makes a proposal or offers to the other party and that other party signifies his assent (i.e., gives his acceptance) thereto. In short, an agreement is the sum total of 'offer' and 'acceptance'. Example, A promises B to sell his horse for Rs. 10,000/-. The Law of Contract deals with such promises which create legal obligations. This excludes those promises made in common life which may be morally binding but creates no legal binding. Promises which do not give rise to legal obligations are not contracts. For example, if A promises B to attend the dinner and fails to attend then...
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...HINDU MARRIAGE Who are ‘Hindus’? Under Old Hindu Law: In the case of Yagnapurusdasji vs Muldas, AIR 1966 SC 1119: The working formula of Tilak regarding the Hindu religion was accepted by the Supreme Court of India: Acceptance of Vedas with reverence, Recognition of the fact that the means or ways of salvation are diverse and Realization of the truth that the number of gods to be worshipped is large, That indeed is the distinguishing feature of Hindu religion. Under Modern Hindu Law: Under Hindu Law, The Hindu Marriage Act, 1955 governs the law relating to marriage and divorce. In order to understand whom The Hindu Marriage Act, 1955 (the HM Act) applies to, we must identify the classes of people covered by the term Hindu‘. This can be problematic, as it is difficult to ascertain the definitive meaning or scope of Hinduism — and so, there is no fixed criterion to determine who is a Hindu either. However, the HM Act assumes that certain classes of people are Hindus and excludes certain other classes from the ambit of this term. Nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs. After the codification of Hindu law, it gives the negative definition also: A person who was not a Muslim, Christian, Parsi or Jew was a Hindu. The following chart lists out the various categories of people...
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...The Rights of Minors or their Parents to Consent to Medical Care Vanessa Lecoin University of Phoenix February 27, 2012 It is understood that under the age of 18 minors are considered to have their parents be legally responsible in all aspect of their lives including decision-making. The responsibility of the parents are to feed, clothe, financially support, shelter their children and in this case make medical decisions and sign consent to either participate or not participate in medical treatment. It is debatable on when the minors can at least participate in the decision-making process of their health care needs versus the parents pursuing to disregard their children’s feelings and make decisions despite their children’s concerns or wishes. The question is can minors be responsible in making decisions for themselves when it comes to his or her health care needs? The answer is yes, only if they are legally able to make that decision for his or herself ir if they are above the age of 18. Many minors may appear to have the knowledge and understanding to make their own decisions such as whether or not to engage in sexual activities, to drink or not drink alcoholic beverages, to smoke cigarettes, or other illegal substances. The decisions gets more in-depth when taking into consideration what types of birth control to use such as the pill and other forms of birth control contraceptives to used as precautions to lessen chances of potential pregnancies and condoms to...
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...5. 6. 7. 8. II. Personal appearance is required in all cases (including applicants who are 65 years old and above and minors who are below 18 years old). Application by mail is no longer allowed; Do not bring passport pictures. Passport pictures are to be taken by the Consulate (Pls. see Req. # VI); The applicant must wear decent attire (no sleeveless and/or collarless attire) and without eyeglasses/contact lenses. No facial piercings allowed; Report of Birth (See Report of Birth Requirements); original and one (1) photocopy; Duly accomplished application form signed by applicant, or in case of minor below 8 years old, signed by the parent or legal guardian; For applicants who are military servicemen/military personnel and who came to the U.S. using only military ID and without a Philippine passport, a Certification (with duplicate) issued by his/her Commanding Officer to the effect that he/she is still a Filipino citizen who is on active duty with the U.S. military service must be submitted. In addition, applicants falling under this category must submit: a. original or authenticated copy of birth certificate issued by the National Statistics Office; and b. other supporting documents which will establish the applicant's identity as a Filipino citizen, i.e. marriage certificate, school records, professional ID, etc. For minor children below 18 years old applying for new passport and unaccompanied by both parents, notarized Affidavit of Consent to Travel...
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...of them if she gives back (the Mahr or a part of it) for her Al-Khul‘ (divorce)” [Al-Quran, Al-Baqarah#2, Verse#229] INTRODUCTION: Khula is derived from word khal’a literally mean to remove or untying the knot in which husband and wife were bonded. Khula is demanded by wife when it’s become difficult for wife to stay with her husband under the limits and rules prescribed by ALLAH. Suit for khula is filed by wife and is entertained by court in family court under family law ordinance. For the suit by Muslim women for dissolution of marriage is entertained under Muslim Marriage act 1939 .This act came in...
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...is not disqualified from contracting by any law to which he is subject.” It means that the following three categories of persons are not competent to contract. 1. A person who has not attained the age of majority, i.e., one who is minor. 2. A person who is of unsound mind 3. A person who has been disqualified from contracting by some law. Although the above mentioned categories of persons are not competent to contract, yet they may sometimes be making some bargains, taking some loans, or be supplied with some goods by third parties, or be conferred with some benefits etc., the position of such person in such like situations is being discussed below. THE POSITION OF A MINOR Who is a minor ? A person who has not attained the age of majority is a minor. Section 3 of the Indian Majority Act, 1875 provides about the age of majority. It states that a person is deemed to have attained the age of majority when he completes the age of 18 years, except in case of a person of whose person or property a guardian has been appointed by the Court in which case the age of majority is 21 years. Nature of a minor’s agreement As noted above a minor is not competent to contract. One question which arises in case of an agreement by a minor is, whether the agreement is void or voidable? The Indian contract Act does not have any provision to answer this question. In the absence of any statutory provision there had been controversy on this point. The controversy was set at...
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...religion within to influence or even manipulate those who do not share the same views. Often times, this expression and influence has a negative effect on society. Throughout this essay, I will go in depth and discuss examples of the impact that religion has had throughout our own society and the world along with the greater impacts the freedom has had on our society. More specifically, I will select four religions that have created a fragmented society we have come to know. What is now being termed a terrorist attack, the attack on the United States consulate in Benghazi, Libya is an example of how the exercise of freedom of religion here in the United States has had severe implications elsewhere. An anti-Muslim film was produced by a right wing group here in the United States that sparked outrage within the middle east. Once anti-American Muslims found out about “The Innocence of Muslims,” attacks on United States consulates were planned. The attack that received the greatest amount of coverage was in Benghazi, Libya and resulted in the death of four Americans. Not only was the Libya consulate attacked, but a total of twenty countries had protests outside of American consulates. The cause of such violence and protests can be traced back to what Huffington Post writer Nigel Barber calls a lack of religious freedom in countries where Islam is the prominent religion versus the freedom of religion that Americans enjoy. Barber elaborates on this when he...
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...STATEMENT OF THE PROBLEMS Divorce in the Philippines DEFINITION OF TERMS Divorce - an institutionalized arrangement for terminating the marriage relationship and allowing each partner the right to remarry. Marriage – is not a mere contract but an inviolable social institution. Adultery – is an act which is committed by a married woman who shall have sexual intercourse with a man not her husband. Concubinage – is on the part of a husband who shall keep a mistress in the conjugal dwelling or a certain dwelling place and hall have a sexual intercourse under scandalous circumstances with another woman not his wife. Absolute Divorce – is the type of divorce where the party has the right lawfully to marry again. HISTORY OF DIVORCE The term divorce is not foreign to Filipinos, whose forefathers in the pre-Spanish times, according to some historians, practiced it. History tells us that in 1912 that is during the American regime Act No. 2710 was passed providing for the granting of absolute divorce on the grounds of adultery, concubinage and personal violence. However, when the laws was implemented, a number of safeguards were taken to ensure the preservation of marital bond and to prevent abuses, such as filing for divorce could not be done until a year after having established adultery or concubinage and within five years after the date occurred. This measure was resorted to in order to give the spouses a chance for reconciliation it was still possible during the period...
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...All societies across the universe have kinship. Some privileged cultural practices have been followed by these societies through ages regardless of the biological rules of sexual relations which ensure that the life span of these kinships is continuous through birth by human beings. (Robert Parkin 1997). Anthropology defines kinship as the connection that exists between human beings by either blood, through adoption or even by marriage. Anthropology does not view kinship in a biological manner but biology on the other hand studies it in the physical manner. The terms pater and mater are used to refer mother and father in anthropology studies whilst in biology the terms genitor and gentrix are used. Every newborn by is said to be recognized to have relations to at least one of his parent by the fact of his birth. Kinship is used to organize members of the society into different categories, roles and various social groups, based on either parentage, marriage or other types of relationship, (Schneider 2005). Inheritance rights are customarily based on how close kinship relationships are and thus, used to transmit property and status from one generation to another. In some cases kinship might be extended through relations not from the same bloodline in the kinship universe. This is what is termed as fictive kinship. The most common used example is where by you’ll get one has godparents who are not his real parents. Some will have aunts and uncles whom they call guardians and they...
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...only a ten year old girl. Does this change your view on it? Do you still have those same feelings, or does something more like disgust register in your heart? Recently in the past few years there has come about requests from advocates and groups to change the classification of pedophilia. Currently it is listed as a mental disorder in the American Psychiatric Association Diagnostic and Statistical Manual. Certain groups are of the opinion that it is not a disorder but a valid sexual preference, such as heterosexuality or homosexuality and that by denying the equal opportunity rights of individuals to seek solace in a relationship regardless of age the government is infringing upon the constitutional rights afforded these individuals. It is their contention that it is not harmful in any long term period to engage in consensual physical acts or even emotional and mental acts of love with a minor. That it is in fact respectful, loving, and...
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