8297261
Beschreibung
Mindmap von Ruaraidh Simpson, aktualisiert more than 1 year ago
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Erstellt von Ruaraidh Simpson
vor fast 8 Jahre
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What is a Family?
- Family Law concerns relations between;
- The individual and the State
- Child Protection
- Taxation
- Welfare
- Child Protection
- Individuals
- Parent and Child
- Brother and Sister
- Husband and Wife
- Cohabitants
- Parent and Child
- The individual and the State
- Aims of Family Law?
- Disputed
- To promote morality?
- Stability?
- Equality?
- Self-Determination or Fulfilment?
- Recognisation and Structure?
- Intervention or Respect Privacy?
- Disputed
- Case Law
- Telfer & X & Y v Kellock
- Ms. Telfer died in car crash
- Caused by Kellock
- Family may sue in
Solatium
- Caused by Kellock
- Ms. Telfer had been in a long term relationship with female partner
(X)
- Ms. Telfer had daughter from previous marriage
- Partner also had son from previous marriage (Y)
- Who is allowed to sue in Solatium?
- Ms. Telfer's
Partner? No
- X's son (Y)?
Yes
- Ms. Telfer's
Partner? No
- Who is allowed to sue in Solatium?
- Partner also had son from previous marriage (Y)
- Ms. Telfer had daughter from previous marriage
- Damages (Scotland) Act: Relatives
- "relative" includes spouse and child
- and (c) any
person ...
who was
accepted by
the deceased
as a child of
the family
- and (a) any
person ... who
was ... living
with the
deceased as
husband &
wife
- and (c) any
person ...
who was
accepted by
the deceased
as a child of
the family
- X was not Ms. Telfer's relative but X's son was
for the purposes of the Act
- "relative" includes spouse and child
- "A clear picture of a
loving, caring
household of two
adults and two
children emerges" -
Lady Smith
- Humanist
"marriage"
- Joint tenancy
- Joint bank account
- Nominated
next of kin
- Shared childcare duties
- Children considered each other brother and sister
- Humanist
"marriage"
- Ms. Telfer died in car crash
- Fitzpatrick v Stirling Housing Association
- Two men lived together
- As "husband and wife?"
- No - must be a man and a woman
- As a "family"
- Yes - degree of
mutual
interdependence,
sharing of lives,
caring and love,
commitment and
support
- Yes - degree of
mutual
interdependence,
sharing of lives,
caring and love,
commitment and
support
- No - must be a man and a woman
- same-sex partners
- As "husband and wife?"
- Inheritable tenancies
- Interpretation of
"family" or
"husband and wife"
- PRE-HRA 1998 APRROVAL
- Two men lived together
- Ghadian v Godin-Mendoza
- POST-HRA 1998
APPROVAL
- Two men lived together
- same-sex partners
- As "husband and wife"?
- Yes - ruling possible due to introduction
of HRA 1998, such protections were
available to unmarried couples, no
reason to exclude same-sex couples
- "Homosexual couples can have exactly the
same sort of inter-dependent couple
relationship as heterosexuals can" - Baroness
Hale
- "Homosexual couples can have exactly the
same sort of inter-dependent couple
relationship as heterosexuals can" - Baroness
Hale
- As a "family"?
- Yes
- Yes
- Yes - ruling possible due to introduction
of HRA 1998, such protections were
available to unmarried couples, no
reason to exclude same-sex couples
- same-sex partners
- POST-HRA 1998
APPROVAL
- Burden & Burden v UK
- Two sisters lived as a stable cohabiting couple
- Ghadian recognised same-sex couples as being
recognised as "husband and wife so why could they
not?
- Relationship not "marriage-like"
- No discrimination
- No discrimination
- Relationship not "marriage-like"
- Ghadian recognised same-sex couples as being
recognised as "husband and wife so why could they
not?
- Argued violation of Art.1 and
Art.14 ECHR
- Two sisters lived as a stable cohabiting couple
- Telfer & X & Y v Kellock
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