Case (![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png)
case) wrote in ![[community profile]](https://www.dreamwidth.org/img/silk/identity/community.png)
fandomsecrets2011-01-05 04:09 pm
case) wrote in fandomsecrets2011-01-05 04:09 pm
[ SECRET POST #1464 ]
⌈ Secret Post #1464 ⌋
Warning: Some secrets are NOT worksafe and may contain SPOILERS.
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Notes:
Secrets Left to Post: 05 pages, 108 secrets from Secret Submission Post #209.
Secrets Not Posted: [ 0 - broken links ], [ 1 - not!secrets ], [ 1 - not!fandom ], [ 0 - too big ], [ 0 - repeat ].
Current Secret Submissions Post: here.
Suggestions, comments, and concerns should go here.
no subject
So either you're going to have to provide a bit more detail that confirms you're under a different type of code, like Napoleonic or some other barbarous system, or I assume that you, a probable UKer, is lying.
no subject
There are quite a few difference with English law...for example that your nationality comes from legal descendance, not from place of birth (as I understand it is in UK and USA law)
Which for example also means that if a woman cheats, and is pregnant from another man, her husband is still considered the father, legally, despite DNA evidence. Which I do not necassarily agree with, but I know it to be true, as there was a high profile court case a few years back, where both the woman and the biological father wanted the child recognized, but could because she was already married. Not sure how that works in English-based law, but as far as I know that law has Napoleonic roots.
I think they will change the law eventually, but it has of course been written up when DNA was undiscovered yeT;
Now, I looked it up again, and apparently there is a difference between being a father legally, and having to pay alimony. I was a bit wrong there. Basically, from what I understand you cannot force him to acknowledge paternity, but in some cases you *can* try to enforce a DNA-test. So I wasn't fully right there. In some cases you can try to enforce a small sum despite him not being officially recognized as the father. He still will not be the official father, you might get some money out of him, in this strange construction.
However, DNA is not by default reason for payment.
For example, donors of any kind cannot be forced to pay.You have to have had intercourse with the woman (which would rule out the oral sex article situation)
Men under a certain threshold of wages don't pay.
If said man has a new family he needs to pay for, or said woman has a new (legal) partner,often no payment is involved.
Sometimes payment is linked to visitation rights.
In any case, payment is not automatic, and even if acknowledged, takes many years in court if the man is unwilling.Unless having lived together legally, or having been married, even if alimony is given, this can *never* be for the woman, but only for the child.
no subject
As I thought, the Napoleonic Code. Barbaric, arbitrary, and based on caprice rather than on common law and equity.
ot sure how that works in English-based law, but as far as I know that law has Napoleonic roots.
Paternity can be challenged up to a certain time period, depending on jurisdiction. After that, you're shit out of luck.
Unless having lived together legally, or having been married, even if alimony is given, this can *never* be for the woman, but only for the child.
Alimony can't be for the child. Alimony is spousal support. Child support is something completely different and has no relation to a situation regarding alimony.
no subject
I mean, it's the same word. My English is usually fairly good, but I do not write in legal terms every day.
And as for "barbaric": That designation is also entirely arbitrary, isn't it? as what is barbaric for one people is perfectly normal for another, and vice versa.
There are things in America that we also find fairly appalling, from a European POV.
no subject
No, it's not arbitrary. The designation of the descendants of the Napoleonic Code as barbaric is not undeserved. In general, the system presumes guilt over innocence, does not give much basis to the theory of equality or natural rights in comparison to English-based law, is deficient in terms of appeal, does not have stare decisis, and does not include the concept of case law. Oh, and it's decidedly slanted towards males have primacy in all cases, regardless of the facts. For instance, alimony between spouses has mostly been eliminated here.
There are things in America that we also find fairly appalling, from a European POV.
Of course. And yet those appalling items have managed to save you from my German forebears twice already.
no subject
Oh, and please: Just because a people saved someone does not mean they have nothing going wrong in their own culture, or that we should express everlasting gratitude over something that happened 65 years ago.