International Family Law Quiz
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Questions and Answers

Which aspect of family law involves issues related to international names?

  • International marriages
  • International child abductions
  • International names (correct)
  • International custody

    • Which trend in family law involves a shift towards gender neutrality in custody awards?

  • Custody awards are becoming gender neutral (correct)
  • Rise in births outside marriage
  • Co-parenting
  • Status of children within family law

    • What is an example of an international family law issue related to property?

  • International adoptions
  • International parentage
  • International matrimonial property law (correct)
  • Registered partnerships abroad

    • Which source is not typically considered at the national level in family law?

    <p>International level</p> Signup and view all the answers

    In the context of international family law, what does 'EU' stand for?

    <p>European Union</p> Signup and view all the answers

    Which group is gaining more rights in more countries according to trends in family law?

    <p>Same-sex couples</p> Signup and view all the answers

    What approach to resolving family problems is gaining popularity and is considered non-confrontational?

    <p>Mediation</p> Signup and view all the answers

    'Cross border family law' falls under which legal concept?

    <p>'Conflict of laws'</p> Signup and view all the answers

    Which country allows anonymous sperm donation but provides children access to the donor's identity when they reach a certain age?

    <p>Austria, Croatia, Finland, Malta, Portugal, UK</p> Signup and view all the answers

    Which country does not allow anonymous egg donation?

    <p>Germany and Switzerland</p> Signup and view all the answers

    In which country is egg donation legal only if it is non-anonymous, but egg donors may be compensated?

    <p>UK</p> Signup and view all the answers

    What is the legal status of egg donation in Italy?

    <p>Allowed only if anonymous and without any compensation for the egg donor</p> Signup and view all the answers

    Which of the following is the correct description of embryo donation?

    <p>It is a donation where biological parents donate their frozen embryos to another infertile couple.</p> Signup and view all the answers

    Which country allows anonymous egg donation with compensation for the egg donor?

    <p>France</p> Signup and view all the answers

    What is the legal status of embryo donation in most jurisdictions?

    <p>It is considered an adoption process.</p> Signup and view all the answers

    Which country allows non-anonymous egg donation with compensation for the egg donor?

    <p>UK</p> Signup and view all the answers

    What legal principle requires full disclosure in a partnership?

    <p>Fiduciary duty</p> Signup and view all the answers

    In the US, what case law established the legal basis for the duty of disclosure in partnerships?

    <p>Clark v. Lubritz</p> Signup and view all the answers

    What option provides little regulation due to lack of formalities?

    <p>Sole proprietorship</p> Signup and view all the answers

    Which business structure has the limitation of no separateness from the owner?

    <p>Sole proprietorship</p> Signup and view all the answers

    What core characteristic of a company provides for limited liability?

    <p>Principle of Legal Personality</p> Signup and view all the answers

    What is the main purpose of the principle of Legal Personality in a company?

    <p>To create a separate legal entity from its owners</p> Signup and view all the answers

    Why should Indirectly Lubritz have been paid equally as other partners?

    <p>Due to fiduciary duty requirements</p> Signup and view all the answers

    What type of relationship imposes a duty to disclose to partners in a partnership?

    <p>Fiduciary relationship</p> Signup and view all the answers

    What is required for a man to legally recognize paternity of a child when the mother is unmarried?

    <p>Consent from both the mother and child is required</p> Signup and view all the answers

    In which circumstance would a judicial or administrative decision be required to establish paternity?

    <p>When there is a dispute over paternity and it cannot be established based on existing principles</p> Signup and view all the answers

    Which statement about paternity recognition is NOT true according to the text?

    <p>The alleged father can apply for recognition even if the mother objects</p> Signup and view all the answers

    What is the principle regarding paternity in Switzerland, according to the text?

    <p>Both a and c</p> Signup and view all the answers

    What is the positive obligation of states regarding paternity disputes, according to the text?

    <p>To ensure fair hearings, speedy proceedings, and the opportunity to base claims on scientific evidence like DNA tests</p> Signup and view all the answers

    Under what circumstances would paternity be established based on the 'pater est' principle?

    <p>When paternity is not in dispute</p> Signup and view all the answers

    What does the text state about assisted reproductive technologies (ART) in the European Union?

    <p>Every EU country except Ireland has legislation governing ART</p> Signup and view all the answers

    When would a judicial or administrative decision NOT be required to establish paternity, according to the text?

    <p>When the alleged father voluntarily applies for recognition of paternity and the mother consents</p> Signup and view all the answers

    Which of the following is NOT an aspect of the right to private life as recognized by the European Convention on Human Rights?

    <p>The right to marry and found a family</p> Signup and view all the answers

    Which of the following statements about the public policy doctrine is NOT true?

    <p>It affects only a specific segment of the population.</p> Signup and view all the answers

    Which of the following is NOT one of the grounds of discrimination prohibited under Article 14 of the European Convention on Human Rights?

    <p>Criminal record</p> Signup and view all the answers

    Which of the following statements about the European Court of Human Rights (ECtHR) is NOT true?

    <p>The ECtHR ensures that European Union law is interpreted and applied consistently in every EU country.</p> Signup and view all the answers

    Which of the following relationships is NOT explicitly mentioned as an example of 'family life' under the European Convention on Human Rights?

    <p>Cousins</p> Signup and view all the answers

    What is the 'essential ingredient' of family life as recognized by the European Court of Human Rights?

    <p>The right to live together so that family relationships may develop normally</p> Signup and view all the answers

    Based on the information provided in the text, which of the following statements about the European Convention on Human Rights is true?

    <p>It is also known as the Convention for the Protection of Human Rights and Fundamental Freedoms.</p> Signup and view all the answers

    Which of the following statements about the relationship between private life and family life under the European Convention on Human Rights is correct?

    <p>Private life and family life are distinct but related concepts under the Convention.</p> Signup and view all the answers

    Study Notes

    International Family Law

    • International names are involved in the aspect of family law dealing with international child abduction and recognition of foreign judgments.
    • There is a trend towards gender neutrality in custody awards, shifting from traditional maternal preference to more equal shared parenting arrangements.

    International Family Law Issues

    • An example of an international family law issue related to property is the division of assets across borders in the event of divorce.

    Sources of Family Law

    • International treaties and conventions are not typically considered at the national level in family law.

    International Organizations

    • In the context of international family law, 'EU' stands for European Union.
    • LGBTQ+ individuals are gaining more rights in more countries, such as marriage equality and adoption rights.

    Alternative Dispute Resolution

    • Mediation is an approach to resolving family problems that is gaining popularity, considered non-confrontational and cost-effective.

    Cross-Border Family Law

    • Cross-border family law falls under the legal concept of private international law.

    Reproductive Rights

    • Sweden allows anonymous sperm donation but provides children access to the donor's identity when they reach a certain age.
    • Italy does not allow anonymous egg donation.
    • In the Netherlands, egg donation is legal only if it is non-anonymous, but egg donors may be compensated.
    • In Italy, egg donation is legal, but only for heterosexual couples.
    • Embryo donation is the transfer of an embryo from one person or couple to another, often used in cases of infertility.

    Partnership Law

    • The principle of good faith requires full disclosure in a partnership.
    • The case of Meinhard v. Salmon (1928) established the legal basis for the duty of disclosure in partnerships.
    • Partnerships provide little regulation due to a lack of formalities.
    • The limitation of sole proprietorship is that it has no separateness from the owner.
    • The core characteristic of a company that provides for limited liability is incorporation.
    • The main purpose of the principle of Legal Personality in a company is to provide a separate legal identity.

    Paternity Recognition

    • For a man to legally recognize paternity of a child when the mother is unmarried, a voluntary acknowledgment of paternity is often required.
    • A judicial or administrative decision may be required to establish paternity in cases where the father's identity is disputed.
    • The statement "a man can only recognize paternity of a child if the mother is married" is NOT true according to the text.
    • In Switzerland, a child's right to know their origins is a key principle regarding paternity.
    • States have a positive obligation to ensure that paternity disputes are resolved in a timely and effective manner.
    • The 'pater est' principle establishes paternity based on the mother's husband or partner at the time of conception.

    Assisted Reproductive Technologies (ART)

    • The European Union has a complex regulatory framework for ART, with varying laws across member states.

    Human Rights

    • The right to private life, as recognized by the European Convention on Human Rights, includes aspects such as personal autonomy, family life, and reproductive rights.
    • The public policy doctrine allows for restrictions on human rights in cases where it is necessary to protect the rights of others.
    • Discrimination based on sexual orientation is prohibited under Article 14 of the European Convention on Human Rights.
    • The European Court of Human Rights (ECtHR) has the power to interpret the European Convention on Human Rights and issue binding judgments.
    • The relationship between grandparents and grandchildren is not explicitly mentioned as an example of 'family life' under the European Convention on Human Rights.
    • The 'essential ingredient' of family life as recognized by the ECtHR is the emotional and psychological bond between individuals.
    • The European Convention on Human Rights recognizes the right to private and family life, including reproductive rights and the right to know one's origins.
    • The relationship between private life and family life under the European Convention on Human Rights is that family life is a subset of private life, and protection of family life is essential to the protection of private life.

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    Description

    Test your knowledge on various aspects of international family law including international names, marriages, divorce, matrimonial property law, custody, adoptions, parentage, and child abductions. Explore trends in family law such as fewer marriages and more divorces in Europe.

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