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Family Law Glossary

Family Law Glossary

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Published by Ana Ionescu

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Published by: Ana Ionescu on May 29, 2013
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Legal Notebook in TSP/TLPFamily Law
April, 2013
Family Law Glossary
Family law is a branch of the law that delas with family-related issues and domesticrelations. Among these perhaps the most important are :
Domestic partnerships such as civil unions and marriages
Child abduction and child abuse
Surrogacy and abduction
The way relationships end and the process that follows the ending of a marriage:divorce, dissolution, annulment, settlements, custody, visitation schedule,alimoney and child support.
Paternity testingThe legislation differs from one jurisdiction to another and from one country to another.Family law has a vital importance because it deals with the core of the civil society: thefamily. It deals with very important emotional problems in an objective and legal manner.From a social point of view the family is universal and permanent. Even if its functionshave evolved considerably over the last decades , the family remains a natural andfundamental element of society. The social view on the family is strongly influenced byreligion, tradition , geographical factors, economy, culture, education and mentality. Allthese elements influence the judicial reglementation of the family. Threfore the result is avery complex disciplin: the family law. The European Court of Human Rights has beenone of the first international institutions to recongnise the family law and and to underlineon various ocasions its importance.Furthermore, depending on the area, family relations are influenced by individualconception, by the diversity of human typologies and by the experiences of its everymember. The explanation for the term family is completed by revealing the functions afamily has :2
Colective functions: even if the importance of this function varies, depending on thesociety and time, the family has the biggest impact in areas such as : demography,education, economy and culture ( it is very important when it comes to passing on thehuman values to future generations) . In order to preseve these values, the law has alwaysemphasised the aspect of protecting the family. Even in the international private law the protection of the familly is one of the main points on the agenda. In order to produce anykind of judicial changes , the modifications in the life of an individual as member of afamily must be achieved by fulfilling the conditions that the law demands ( marriage,divorce , adoption...).Individual functions: the family is important not only for the socitey, but also for theindividual. It offers a refuge , a place where he can find intimacy, solidarity, stability, the power to get over failures, joy, and fulfillment. Therefore the right to have a family is afundamental human right .Family law in the European Union:The European Union’s objective is to establish common rules in regard to family law.The main ideea is that european citizens should not be denied their rights simply becausethey leave in different countries of the European Union or because they moved from onecountry to another during their life. However the member states must all agree beforethese rules are adopted. Currently the European law has rules regarding such things whenit comes to :
Parental responsibility
Alimony oblgationsFamily law in Romania has a very important role. According to it, the Romanian state protects the marriage and family. It supports via economic mesures the development andconsolidation of the family. The state protects the interests of both mother and child andshows concern towards rasing and educating the young generation. The Romanian familylaw also has at its core the marriage achieved by free will.Family law is one of the most special and controversial branches of law and thisglossary’s purpose is to explain some of the terms that are associated with it. The purposeof this glossary is to analyse some of the most important words of family law.3

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