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Undue influence has been studied in the field of social psychology. The American Bar Association Commission on Law and Aging and the American Psychological Association have analyzed similarities between cult members and domestic violence. These accounts share an element of power distinction between the alleged influencer and the vulnerable adult.
Issues may arise in family law where there is a question as to the laws of the jurisdiction that apply to the marriage relationship or to custody and divorce, and whether a divorce or child custody order is recognized under the laws of another jurisdiction.
Undue influence in English law is a field of contract law and property law whereby a transaction may be set aside if it was procured by the influence exerted by one person on another, such that the transaction "ought not fairly to be as treated the expression of [that] person's free will". [1] [2] [3]
Family law concerns a host of authorities, agencies and groups which participate in or influence the outcome of private disputes or social decisions involving family law. Such a view of family law may be regarded as assisting the understanding of the context in which the law works and to indicate the policy areas where improvements can be made ...
South African family law is concerned with those legal rules in South Africa which pertain to familial relationships. [1] It may be defined as "that subdivision of material private law which researches, describes and regulates the origin, contents and dissolution of all legal relationships between: (i) husband and wife (including the parties to a civil union); (ii) parents, guardians (and ...
The Family Law Legislation Amendment Act 2011 was introduced to the Australian Parliament on 24 March 2011 and came into effect on 7 June 2012. [1] It was implemented in an attempt to respond to the criticisms of the Family Law Amendment (Shared Parental Responsibility) Act 2006 by the Australian Institute of Family Studies, Professor Richard Chisholm and Family Law Council, who all conducted ...
The marital power derives from Germanic sources of the Roman-Dutch law, from which many features derive from (provincial) Roman law. In the earlier Roman law, a wife moved from the manus (guardianship) of her father to that of the father of her husband, an older brother of her husband or her husband; the "pater familias" or master of all persons and owner of all property in a familia.
The changing concept of family requires a subjective definition of what family entails. There is no contest that the relationship between husband and wife, [2] unmarried (de facto) partners, [3] parents and children, [4] siblings, [5] and 'near relatives' such as between grandparents and grandchildren [6] represents family as required under the right to family life.