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Japan: New Instructions Allow Women to Remarry 100 Days After Divorce

(Feb. 26, 2016) Currently, article 733 of Japan’s Civil Code states that women cannot remarry until six months after a divorce. (Civil Code (Part IV and Part V) (tentative translation), Act No. 89 of 1896, art. 733, Japanese Law Translation website.) This provision aims to avoid uncertainty regarding the identity of the legally presumed father […]

Brazil: Requirements to Legalize Foreign Documents Will Soon Be Abolished

(Jan. 21, 2016) On January 18, 2016, the National Council of Justice (Conselho Nacional de Justiça – CNJ) announced that it will be responsible for coordinating and regulating the application of the Hague Convention Abolishing the Requirements of Legalization for Foreign Public Documents (Apostille Convention) in Brazil. Brazil approved the text of the Apostille Convention […]

Guatemala: Congress Raises Marriage Age

(Jan. 11, 2016) A decree of November 2015 adopted by the Congress of Guatemala amended articles 81-84 and 177 of the country’s Civil Code on matters pertaining to the minimum legal age to marry. Under the amended article 81, the minimum marriage age is 18. Amended article 82 states, however, that as an exception and […]

Brazil: Federal Supreme Court Authorizes Unauthorized Biographies

(June 17, 2015) On June 10, 2015, the Brazilian Federal Supreme Court unanimously decided that it is unconstitutional to require authors to ask for prior authorization of the persons who are the subjects of biographies, or their heirs, before the publication of bibliographic or audiovisual works. This requirement of prior authorization was established in article […]

Sweden: Supreme Court Affirms Pre-Trial Detention of Julian Assange

(June 15, 2015) On May 11, 2015, the Swedish Supreme Court affirmed the Appeals Court decision to continue to detain Julian Assange in absentia. (Press Release, The Supreme Court Affirms the Decision of the Court of Appeals for Pre-Trial Detention of Julian Assange (May 12, 2015), Högsta Domstolen[ Supreme Court] website; Case No. Ö 5880.14 […]

Brazil: Civil Code Amendment Changes Joint Custody Rules

(Dec. 4, 2014) On November 26, 2014, the Brazilian Federal Senate approved an amendment to articles 1,583, 1,584, 1,585 and 1,634 of the Civil Code (Códico Civil [C.C.], Lei No. 10.406, de 10 de Janeiro de 2002, PLANALTO). Among the changes is an amendment to paragraph 2 of article 1,584 that will establish that when […]

France: Animals Granted New Legal Status

(Apr. 25, 2014) The French National Assembly recently adopted a legislative amendment changing the status of animals in the Civil Code. Since the inception of the Civil Code in 1804, the legal status of animals was that of mere objects. (Code civil [Civil Code], art. 528 [as worded from Jan. 25, 1804, to Jan. 7, […]

China: First Statute on Choice of Law Passed

(Nov. 5, 2010) On October 28, 2010, the Standing Committee of China's National People's Congress (NPC) adopted the Law on the Application of Law in Foreign-Related Civil Cases (Zhonghua Renmin Gongheguo Shewai Minshi Guanxi Falü Shiyong Fa [in Chinese], NPC website (Oct. 28, 2010), Effective from April 1, 2011, the Law regulates the application […]

Australia: Bankruptcy Law Revisions

(Sept. 3, 2009) On August 25, 2009, the Attorney-General's Department of Australia issued for public consultation details of the country's planned reform of personal bankruptcy laws. The Bankruptcy Legislation Amendment Bill 2009 recognizes “that the majority of bankruptcies relate to consumer debts and involve people with relatively few assets and little income”; those who, as […]

Uganda: Insolvency Bill Tabled in Parliament

(Sept. 2, 2009) The Government of Uganda has submitted a bill on insolvency to the Parliament. The aim of the legislation “is to rationalise the law and combine the relevant provisions into one applicable to individuals as well as companies,” according to Deputy Attorney General Freddie Ruhindi, who tabled the bill. At present, Uganda's insolvency […]