关键词不能为空

当前您在: 主页 > 英语 >

新编法律英语lesson11家庭法原文及翻译

作者:高考题库网
来源:https://www.bjmy2z.cn/gaokao
2021-02-10 09:31
tags:

-

2021年2月10日发(作者:干扰球)



Family Law


Family law, or domestic relations law, as is sometimes called, isconcerned with


the relationships between husband and wife andbetween parent and child, with


the rights and duties that spring fromthese relationships by operation of law or


contract, and with the status ofmarried persons and children. It is also concerned


with the growingstatutory regulation of family life in such areas as termination of


parentalrights, child neglect and abuse, and adoption.



And


it


is


concerned


with


some


problems


that


affect


persons


outsidethe


familyunit,


including


contraception


,


abortion


,


and


rights


ofunmarried


cohabitants


. It is traditionally state law, though federallegislation in such fields


as


taxation


and


social


welfare


may


havesignificant


impact


and


important


problems


have


arisen


under


the


federalConstitution


in


recent


years.


Strongly


influenced by English law duringcolonial times, family law has everywhere been


greatly altered by legislation and varies substantially from one state to another


,


though


some


uniformity



has


been


achieved


in


limited


areas


through


the


adoption of uniform laws. In a number of jurisdictions it is


administered


by a


separate


family


or


domestic


relations


court,


staffed


with


personnelwho


are


specially trained in family problems.


Marriage


in


the


United


States


is


fundamentally


a


relationship


createdby


mutual consent of the spouses. All states provide by statute for the issuance of


marriage


licenses


and


some


require


a


formal


ceremony


atwhich


consent


is


solemnized



before


a


member


of


the


clergy



or


publicofficial.


Common


restrictions on capacity to marry relate to the age of theparties, the degree of any


blood


relationship


between


them,


and


theirmental


capacity.


A


restriction


can


sometimes


be


circumvented



by


goingto


another


state


that


has


no


such


restrictions, for a marriage that is validin the state of celebration will ordinarily be


recognized as valid by otherstates.


The marital relationship may be


ruptured


in two main ways: by


annulment


,


a court determination that no valid marriage ever existedbetween the parties,


and


by


divorce,


a


court


decree



dissolving


the


marital


relationship,


generally


leaving the parties free to marry. Divorceis the more common. In colonial times


divorce


was


generally


bylegislative


act.


After


the


Revolution,


statutes


were


ultimately


enacted


inall


states


substituting


judicial


divorce


on


widely


varying




grounds

< br>.


1



All


ofthese


grounds


required


a


showing


of


some


serious


fault,


ty pically


desertion


, cruelty, or


adultery


, on the part of the other spouse.


2


By


thetwentieth


century,


the


pressure


for


a


easier


divorce


had


led


to


collusive


divorce


actions,


in


which


the


spouses


cooperate


in


establishing


therequired


fault,


and


to


out-of-state or



divorces,


in


which


oneor


both spouses went to another jurisdiction in which divorces were moreliberally


granted. The result was a movement in many states to liberalize the grounds of


divorce by


dispensing


with a showing of fault. The moremoderate of the new


divorce laws permit divorce by mutual consent, asin New York, which has added



the


instance


of


one


spouse,


asin


California,


where


it


is


enough


if


one


spouse


shows


irreconcilable


differences,


which


have


caused


the



irremediable



breakdown of themarriage. In spite of recent attempts to reduce the incidence of


divorceby


providing


facilities


for


counseling



and


conciliation



and


by


minimizingthe


adversary


character


of


the


proceedings,


the


divorce


rate


in


theUnited States remains the highest in the world.


3



The


law


has


increasingly


turned


its


attention


to


dealing


with


the


rightof


spouses rather than preserving their relationship. Traditionally, underEnglish law,


a married woman was subject to variety of legal disabilitiesgrowing out of the


view


that


husband


and


wife


were


one


person


and


theauthority


was


in


the


husband.


4


For example, all of the wife's personalproperty as well as control of her


real


property


went


to


the


husband


onmarriage.


Beginning


in


the


nineteenth


century,


enactment


of


marriedwomen'


s


property


acts


throughout


the


United


States resulted in the


emancipation


of the wife by conferring upon her the right


to her separateproperty, lifting her procedural disabilities, making


explicit


her


power


tocontract,


and,


in


some


states,


giving


her


the


right


of


action


for


injuryeven as against her husband.


5


This system of separate property stilltended


to favor the husband on divorce, however


, and in most statescourts now have a


broad power


, varying in extent from state to state, to


apportion


all property of


both spouses upon divorce. In a minority ofeight states, spouses are subject to a


system of community property.


Of comparable importance is the obligation of support. A spousemay obtain a


separate maintenance decree during the life of themarriage and this obligation of


support


has


been


secured


againstavoidance


by


flight


through


universal


enactment of the Uniform


Reciprocal


Enforcement of Support Act.


6


Upon divorce,


the supportobligation may be replaced by an agreed-upon


lump


settlement or by


acourt decree ordering periodic payments of


alimony


. Alimony, whichmay be


awarded both during


and after the divorce


litigation,


is justifiedon alternative


theories; either that it is in substitution for the supportobligation, or that it is in


settlement for the dissolution of the maritalpartnership.


7


It is some indication of


the inadequacy of legal proceduresin meeting the fundamental problems of the


-


-


-


-


-


-


-


-



本文更新与2021-02-10 09:31,由作者提供,不代表本网站立场,转载请注明出处:https://www.bjmy2z.cn/gaokao/628009.html

新编法律英语lesson11家庭法原文及翻译的相关文章

  • 余华爱情经典语录,余华爱情句子

    余华的经典语录——余华《第七天》40、我不怕死,一点都不怕,只怕再也不能看见你——余华《第七天》4可是我再也没遇到一个像福贵这样令我难忘的人了,对自己的经历如此清楚,

    语文
  • 心情低落的图片压抑,心情低落的图片发朋友圈

    心情压抑的图片(心太累没人理解的说说带图片)1、有时候很想找个人倾诉一下,却又不知从何说起,最终是什么也不说,只想快点睡过去,告诉自己,明天就好了。有时候,突然会觉得

    语文
  • 经典古训100句图片大全,古训名言警句

    古代经典励志名言100句译:好的药物味苦但对治病有利;忠言劝诫的话听起来不顺耳却对人的行为有利。3良言一句三冬暖,恶语伤人六月寒。喷泉的高度不会超过它的源头;一个人的事

    语文
  • 关于青春奋斗的名人名言鲁迅,关于青年奋斗的名言鲁迅

    鲁迅名言名句大全励志1、世上本没有路,走的人多了自然便成了路。下面是我整理的鲁迅先生的名言名句大全,希望对你有所帮助!当生存时,还是将遭践踏,将遭删刈,直至于死亡而

    语文
  • 三国群英单机版手游礼包码,三国群英手机单机版攻略

    三国群英传7五神兽洞有什么用那是多一个武将技能。青龙飞升召唤出东方的守护兽,神兽之一的青龙。玄武怒流召唤出北方的守护兽,神兽之一的玄武。白虎傲啸召唤出西方的守护兽,

    语文
  • 不收费的情感挽回专家电话,情感挽回免费咨询

    免费的情感挽回机构(揭秘情感挽回机构骗局)1、牛牛(化名)向上海市公安局金山分局报案,称自己为了挽回与女友的感情,被一家名为“实花教育咨询”的情感咨询机构诈骗4万余元。

    语文