de Facto Family in UK Law
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Constitutional Law and the Limits of Discretion in Family Property Law
The argument of this Article is that the width of discretion that trial judges have to alter property rights under the Family Law Act 1975 (Cth) (‘the Act’) has been overstated. The property aspect...... ... of the marriage and divorce powers in the Constitution or is within the boundaries of the States’ reference of powers about de facto relationships. The se constitutional provisions place significant constraints upon judicial discretion. In relation to marriages, the ... ...
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Ownership and Control in Closely‐held Family‐owned Firms: An Exploration of Strategic and Operational Control
Much of the existing research into the divorce of ownership and control either focuses on the propensity for the separation of decision functions or upon scrutinizing conceptions, gauges or the pra...... ... Although far from equivocal, such research appears broadly to concur that where ownership is dispersed, de facto control is likely to be exerted by management and that where ownership is closely-held, de facto as well as legal control is exerted by owners ... ...
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Quantifying the Homemaker Contribution in Family Property Law
A central question in family property law in Australia is how to place a value on the homemaker contribution in comparison with other kinds of contribution. The problem is especially difficult wher...... ... This article exp lores the relevance of the homemaker contribution to property division both in ma rriages and de facto relationships, chal lenging the popular as sumption that living toge ther per se justifies significant wealth transf ers. It is argued that ... ...
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A Closed Immigration Country: Revisiting Japan as a Negative Case
The Japanese government maintains that the country admits only skilled economic migrants. Its statistics tell a different story. Skilled and low‐skilled economic migrants are admitted in equal meas...... ... ,255,255,0.0);}.ir:hover{cursor:pointer;}@media screen{#outline{font-family:Georgia,Times,"Times New Roman",serif;font-size:13px;margin:2em ... immigration admission policies have become more open towards de facto low-skilled economic migrants over time and are more open to de facto ... ...
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Overview of Recent Cases before the Court of Justice of the European Union (October–December 2014)
For all those following the case law of the Court of Justice of the European Union (CJEU) in social security matters, the last three months of 2014 were particularly interesting.1 The CJEU delivere...... ... cation about the rights of third-country nationals who de facto cannot be treated for the illnesses they suff er from in their ... States ( Petru ), old-age pensions ( Larcher ; Somova ) and family benefi ts ( Fassbender-Firman ; Österreichischer ... ...
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Human rights v. Insufficient climate action: The Urgenda case
Climate change is a human rights issue, but what exactly can courts require States to do in this regard? This contribution discusses the Dutch Urgenda case, in which the Court of Appeals recently f...... ... ,255,255,0.0);}.ir:hover{cursor:pointer;}@media screen{#outline{font-family:Georgia,Times,"Times New Roman",serif;font-size:13px;margin:2em ... Because ex post facto complaints are no solution, and in light of the growing number of ... ...
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Child marriage and family reunification
The Dutch Forced Marriage Prevention Act aims to prevent family reunification of so-called child brides with their husbands in the territory of the Netherlands by no longer recognizing child marria...... ... , ‘the notion of ‘‘family life’ ’ in Article 8 is not confined solely to families based on marriage and may encompass other de facto relationships’. 94 A de facto family life encompasses situations where the applicant shows a degree of personal dependence with relatives which ... ...
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WITHDRAWN—Administrative Duplicate Publication: Child marriage and family reunification: an analysis under the European Convention on Human Rights and Dutch Forced Marriage Prevention Act
... ... , ‘the notion of ‘‘family life’ ’ in Article 8 is not confined solely to families based on marriage and may encompass other de facto relationships’. 94 A de facto family life encompasses situations where the applicant shows a degree of personal dependence with relatives which ... ...
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Book Review: Family Law and Social Policy
... ... and social issues pertaining to security of residence, protection of property, security of income support, problems of the de facto family and problems arising out of adoption procedures. Finally, a postscript debates issues of policy and practice: how far can - or ... ...
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A Smorgasbord of Principles—De Facto Spouses and the Matrimonial Home
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