Lietuvos Respublikoje įgyvendinant teisinę reformą, vykstant spartiems socialiniams pokyčiams, šeimos teisinių santykių reguliavimas taip pat patiria pokyčius. Įsigaliojus naujajam Civiliniam kodeksui didelės permainos įvykdytos ir šeimos santykių reguliavime. Ieškinio senaties šeimos teisėje reguliavimas taip pat ne išimtis. Šiame magistro baigiamajame darbe nagrinėjama šeimos teisės samprata ir vieta teisės sistemoje, ieškinio senaties samprata ir funkcijos, ieškinio senaties šeimos teisėje reguliavimas galiojant Santuokos ir šeimos kodeksui bei įsigaliojus naujajam Civiliniam kodeksui, apžvelgiama Lietuvos Aukščiausiojo Teismo praktika ieškinio senaties šeimos teisėje taikymo klausimais. Ieškinio senaties institutas žinomas visų pasaulio valstybių todėl šiame darbe trumpai apžvelgiama ieškinio senaties reguliavimas kai kuriose užsienio valstybėse (Rusijos Federacijoje, Prancūzijoje, Anglijoje ir Velse). Minėti klausimai nagrinėjami siekiant nustatyti praktines ieškinio senaties šeimos teisėje taikymo problemas bei pateikti siūlymų dėl ieškinio senaties taikymo šeimos teisėje nuostatų, kurios padėtų siekti visokeriopos šeimos teisini���� santykių dalyvių teisių ir interesų apsaugos. / A lot of relations have been newly regulated by the new Civil Code (2000) which came into force on the 1st of July, 2001. The greatest alternations involve matrimonial and family relations. There is no separate Matrimonial and Family Code left as such. After the 1st of July, 2001 matrimonial and family relations are regulated by the 3rd book of Civil Code (2000) which is intituled Family Law. Great changes were also made in regulation of extinctive prescription in family law. Essentially was innovated the general rule anticipating to apply extinctive prescription for claims arising from matrimonial and family relations. This master’s study analyses the conception of family law, the conception of extinctive prescription, norms regulating application of extinctive prescription for the claims arising from matrimonial and family relations. Also compares the norms regulating extinctive prescription settled in Matrimonial and Family Code (1969) and in new Civil Code (2000), analyses the practise of Highest Court. These questions are analysed in order to realize what changes were made in regulation of extinctive prescription implementing law reform, what problems do arise in application of extinctive prescription in family law and how it is possible to solve them. Extinctive prescription is law institute known in all countries. This master’s study briefly overlooks the regulation of extinctive prescription in some foreign countries (Federation of Russia; France; England and Wales).

Shared custody has risen to the fore as one of the most contentious issues facing family law justice systems. Ongoing efforts to implement or contemplate legislative reforms to prescribe a rebuttable presumption for shared custody have been central. Drawing on in-depth, retrospective qualitative interviews with 28 young adults between 18 and 25 years of age, this researcher conducted a thematic analysis and examined children’s perspectives and motivations regarding transitions into and out of shared custody, relationships with parents, and their sense of fairness around decision-making. The dissertation research is presented in a ‘publications format’ and contains an introduction, three self-contained journal-ready publications and an overarching discussion. The introduction provided an overall review of the literature and presented a developing model for tying together the complex strands of existing theoretical and empirical literature. Paper one focused how and why transitions into and out of shared custody happen. Drawing on the metaphor of alchemy, the analysis illustrated that shared custody is not a short-cut to a successful custodial arrangement or parent-child relations. Shared custody blends together complex interactions among elements related to the child’s living situation, maturation and changing notions of fairness, flexibility, the push and pull of relationships, and in some instances, rigid enforcement. The second paper highlighted how participants’ utilized the business strategy of “managing-up” and illustrated how children are active agents in navigating post-separation family relations finding ways to exert their agency to help and protect siblings, manage parental conflict, maintain shared custody to shield their parents and siblings from emotional hurt and initiate contact to maintain parent-child relationships. Including children’s voices in custodial decision-making is predicated on a rights-based doctrine that children ought to have input on decisions that affect their best interests. Participants felt that young children (13 years or less) should have input in how their arrangements were constructed, but not the final say about the type of custodial arrangement. There was general consensus that adolescents (about age 14), should have considerably more input. A final overarching discussion chapter integrated the three papers with the model presented in the introduction and suggests implications for policy and practice.

This thesis advances a feminist critique of Canadian legal responses to disputes over frozen in vitro embryos and embryo donor anonymity. It argues that current laws that provide spouses or partners with joint control over the use and disposition of embryos created from their genetic materials, that mandate the creation of agreements setting out these parties intentions in the event of a disagreement or divorce and that protect donor anonymity without providing mechanisms to allow donors, recipients and donor offspring to voluntarily exchange information do not adequately account for the lived experiences of women who undergo in vitro fertilization treatment or who serve as embryo donors. This thesis provides recommendations for how Canadian laws and policies might better support the express objectives and intentions of Canadian federal and provincial statutes to protect the rights, interests and health of women who seek to build their families through assisted reproductive technologies.

No abstract provided. / Thesis (LL.M.)-University of KwaZulu-Natal, 2011.

Surrogacy motherhood provides an option for infertile couples to have a genetically related child of their own. However, in jurisdictions where surrogacy motherhood are not legally accepted, couples deliberately turn to other jurisdictions to conclude a surrogacy agreement where it is in fact legal to do so. When different jurisdictions are involved in one surrogacy motherhood agreement, several problems arise, especially due to the lack of regulation on an international level. These poblems must therefore be resolved by the implementation of an international document or agreement. This discussion will therefore firstly focus on the national position regarding surrogacy motherhood in the South African content to determine whether South Africa will benefit from the implementation of a proposed international document or agreement. Secondly, the research focus on international surrogacy and evaluate the concept to identify the problems arising as a result thereof. Thirdly, the contents of the proposed international document or agreement will be discussed in depth in order to determine what the contents of the document or agreement should include. The aim of the research is to determine which issues and problems should be included in the proposed document or agreement in order to effectively regulate international surrogacy. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2014

Surrogacy motherhood provides an option for infertile couples to have a genetically related child of their own. However, in jurisdictions where surrogacy motherhood are not legally accepted, couples deliberately turn to other jurisdictions to conclude a surrogacy agreement where it is in fact legal to do so. When different jurisdictions are involved in one surrogacy motherhood agreement, several problems arise, especially due to the lack of regulation on an international level. These poblems must therefore be resolved by the implementation of an international document or agreement. This discussion will therefore firstly focus on the national position regarding surrogacy motherhood in the South African content to determine whether South Africa will benefit from the implementation of a proposed international document or agreement. Secondly, the research focus on international surrogacy and evaluate the concept to identify the problems arising as a result thereof. Thirdly, the contents of the proposed international document or agreement will be discussed in depth in order to determine what the contents of the document or agreement should include. The aim of the research is to determine which issues and problems should be included in the proposed document or agreement in order to effectively regulate international surrogacy. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2014

The Islamic legislative drafting methodology is meant to bring the family law of Islamic countries into line with current conceptions of gender equality found not only in the West but in Islamic law (the shari’a) as well. The methodology involves identifying the fundamental principles of shari’a and recognizing that they must be adapted to the socio-economic conditions in which they are to be applied.

Thesis (LLM)--Macquarie University, Division of Law. / Bibliography: leaves 192-208.

No description available.

The purpose of this study was to investigate how family law secretaries in Sweden works with fulfilling the best interests of the child in collaboration talks and how they get children involved in the process. I have performed five semi-constructed interviews with family law secretaries from different municipalities. In order to achieve broader answers to my questions I have chosen to use a qualitative method. This method was also chosen to enable the possibility of follow-up questions. I gathered data from previous research in this area by searching after these keywords; child’s best, collaboration talk, custody, family law, children’s participation in investigations. The collected data was then analyzed with three different theories; Michael Lipsky’s theory about grass root bureaucrats, Svensson, Johansson & Laanemets’ theory about the social worker role and Roger Hart’s participation model.  The participants that were interviewed all stated that it was difficult to fulfill the child’s best as it is an open concept that can be interpreted differently depending on the secretary’s individual knowledge and scope. Among the participants there were some of them that had deeper knowledge concerning the principle of the child’s best. This knowledge had been achieved through further education which ensures higher certainty that the child’s best has been fulfilled, but also raises awareness on when participation of the child in collaboration talk is possible. For those secretaries that are lacking this deeper knowledge in this principle agree that there are difficulties to ensure that the child’s best has been fulfilled. Because of the difference in knowledge there were variances in deciding when it was possible for a child to participate in the collaboration talk. Some of the secretaries thought that it was important to get the children involved in collaboration talks, but some thought that collaboration talks were not a platform for small children to participate in. This means that children are encountered in different ways depending on which family law secretary they meet and in what municipality the collaboration talk is held in.