International Family Law Quiz

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.

Trends in Family Law

• 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.