Family Law by Ashaba-Ahebwa Mark
FAMILY LAW
INTRODUCTION
1. Family as an institution
2. History of the Family as an Institution
3. Historical Backgrounds of Family law in Kenya.
Family as an Institution:
In one social context a family may refer to a man and a woman who share a common household. In another, it is defined as all persons who share blood relations. In others, it is defined as all persons who share a household. In others still it means all the members of a household, including parents and children with perhaps other relations, lodgers and even servants.
Legally, the term family is a restricted concept. There are certain formal pre-requisites that have to be met and the main one is a marriage ceremony. In law a family is created when families enter into a legally recognised marriage. The law also restricts the right to terminate that legal status. The family is registered because it serves a number of purposes in society.
1. It is the basic component of a society organisation; Article 16 of the Universal Declaration of Human Rights.
2. It is the basic economic unit of society that is most productive activities take place within the family set up .
3. The family setup provides for a framework for the parties to have satisfactory sexual expression.
4. It guarantees perpetuation of society through the receiving of offspring.
5. It provides a framework for companionship between the members of that family.
THE OBJECTS OF FAMILY LAW
1. It seeks to define status between the parties in that family i.e. it defines what rights a member of the family can claim over the other or over the other’s property. Altering the status of parties in the family.
2. A remedial role; that is it serves to protect certain weaker members of that family e.g. children. On termination of a family relationship there are certain members who may need protection especially economic protection. Note. The trend now is that not all family relationships are created by marriage ceremonies
INTRODUCTION
1. Family as an institution
2. History of the Family as an Institution
3. Historical Backgrounds of Family law in Kenya.
Family as an Institution:
In one social context a family may refer to a man and a woman who share a common household. In another, it is defined as all persons who share blood relations. In others, it is defined as all persons who share a household. In others still it means all the members of a household, including parents and children with perhaps other relations, lodgers and even servants.
Legally, the term family is a restricted concept. There are certain formal pre-requisites that have to be met and the main one is a marriage ceremony. In law a family is created when families enter into a legally recognised marriage. The law also restricts the right to terminate that legal status. The family is registered because it serves a number of purposes in society.
1. It is the basic component of a society organisation; Article 16 of the Universal Declaration of Human Rights.
2. It is the basic economic unit of society that is most productive activities take place within the family set up .
3. The family setup provides for a framework for the parties to have satisfactory sexual expression.
4. It guarantees perpetuation of society through the receiving of offspring.
5. It provides a framework for companionship between the members of that family.
THE OBJECTS OF FAMILY LAW
1. It seeks to define status between the parties in that family i.e. it defines what rights a member of the family can claim over the other or over the other’s property. Altering the status of parties in the family.
2. A remedial role; that is it serves to protect certain weaker members of that family e.g. children. On termination of a family relationship there are certain members who may need protection especially economic protection. Note. The trend now is that not all family relationships are created by marriage ceremonies