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Le contentieux judiciaire parental à propos de l'éducation de l'enfant : inventaire et hiérarchie des principaux critères d'appréciation retenus par les juges
| Content Provider | Semantic Scholar |
|---|---|
| Author | Mallien, Michaël |
| Copyright Year | 2015 |
| Abstract | The doctoral thesis is focused on the conflicts between parents regarding the education of their child : choice of school, studies, scolarisations language, the country where the child will live, his holidays, his religion, his activities in free time and the daily education. The aime of this thesis is to create a method to help juges taking decisions in this matters and consists to build a hierarchic list of criteria. The study is divided in three parts. - An analysis of the legal rules limitating the free appreciation of the judge based on Belgian law, international Conventions and decisions of the Belgian supreme court (Cour de Cassation), of the Belgian Constitutional Court and of the European Court of the Human Rights. The legal rules about family trials between parents are examinated, as well as the fundamental rights of the parents and the child. This first part shows that the liberty of appreciation of the judge is very large but not unlimited. It proves the existence of legal criteria (childs best interest or wishes, agreements between parents about education...). - The second part of the study is focused on 848 mostly unedited decisions of Tribunals of Ghent, Liege and Brussels about a period of 5 years (2005-2009)regarding education trials. Complementary, 17 judges were interviewed about four fictive cases. This double empiric analysis, shows that the juges use 15 important criteria. - Finally, in the third part, a hierarchy between this criteria is build (this hierarchy means that the most elevated one will determine the decision of the juge) based on legal rules examinated during the first part and on the recensed decisions and the interviews. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | https://dial.uclouvain.be/downloader/downloader.php?datastream=PDF_01&disclaimer=5513870ab68f8562092cebfb34d12d93aa77cdb79978d9f14774218c9a423e77&pid=boreal:165073 |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
