Marckx V. Belgium
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Marckx V. Belgium
''Marckx v. Belgium'' (application No. 6833/74) was a landmark case in family law decided by the European Court of Human Rights in 1979. Facts Ms. Paula Marckx, being unmarried, gave birth to a daughter in 1973. Under Belgian law, no legal bond between an unmarried mother and her child resulted from the mere fact of birth. To create the bond, the mother had either to recognise maternity in specific proceedings or to adopt the child. In both cases, the child's inheritance rights remained less than those a child born in marriage received automatically. Judgment The Court held that there had been breaches of: *Article_8_of_the_European_Convention_on_Human_Rights , Article 8 of the European Convention on Human Rights (private and family life), *Article 14 of the Convention (non-discrimination), taken in conjunction with Article 8, *Article 14, taken in conjunction with Article 1 of Protocol No. 1 (property rights), and no breach of Article 1 of Protocol No. 1, taken alone. The Court ...
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Family Law
Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage, civil unions, and domestic partnerships: ** Entry into legally recognized spousal and domestic relationships ** The termination of legally recognized family relationships and ancillary matters, including divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards ** Prenuptial and Postnuptial agreements * Adoption: proceedings to adopt a child and, in some cases, an adult. * Surrogacy: the law and process of giving birth as a surrogate mother * Child protective proceedings: court proceedings that may result from state intervention in cases of child abuse and child neglect * Juvenile law: Matters relating to minors including status offenses, delinquency, emancipation and ...
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