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This chapter tracks the divorce story, from the traditional system of fault-based divorce to the new system of divorce on demand. It also takes a look at annulment and the recent backlash that tries, mostly without success, to use the law to try to stem the tide of family breakdown. In the twentieth century, one frequently hears that marriage and the nuclear family are under siege, as divorce—and especially the rise of no-fault divorce—contributes centrally to that image. Aside from divorce, the chapter also looks at two related topics—legal separation and annulment—both of which act as substitutes for divorce, with one still maintaining some illusion of marriage while the other breaks it apart completely.

Coerced forgetting — forgetting as repressive erasure — has been a hallmark of many of the totalitarian regimes of the 20th century. However, the act of forgetting is not always negative. This chapter discusses three kinds of forgetting: prescriptive forgetting, or forgetting as an act of common good; forgetting as constitutive of the formation of a new identity; and forgetting as annulment, a response to a surfeit of information. Far from representing failures, all of these processes may play significant roles in the establishment and enhancement of social bonds.

Friendship rituals help create the important relationships that give individuals self-worth and identity. In Christianity, the most important of these rituals is marriage. Marriage within Christianity can be understood as the clearest symbol of the selfless love of God for humans. This chapter details the history of marriage within Christianity, as well as the relations of marriage to the wedding ritual. An appendix explains the different Christian positions on the possibility of dissolving a Christian marriage through divorce or annulment.

This chapter discusses the earliest medieval writers who mentioned impotence magic, and whose discussions formed the basis for later ideas about the subject. The first of these was Hincmar of Rheims. Hincmar was the first writer to distinguish impotence magic from other forms of love magic, when he argued that, unlike love magic, it was a ground for annulling a marriage. His discussion of annulment was the basis for later medieval canon law on the subject. Hincmar also seems to have included information gathered from his own observation, as did other early medieval discussions of impotence magic, such as the penitential of Burchard of Worms. The chapter also discusses Constantinus Africanus, the earliest medieval medical writer to suggest cures for impotence magic. All of these writers associated impotence magic with women.

This chapter traces how impotence magic found a recognized place in the canon law and theology of marriage. This happened because it was incorporated into two works that became standard university textbooks on canon law and theology: the Decretum of Gratian and the Sentences of Peter Lombard. The chapter argues that 12th-century commentators focused mostly on whether the canon law for impotence magic (established by Hincmar of Rheims) was valid, under what circumstances an annulment could be granted, and how allegations of impotence could be proved, although a few also claimed to have encountered real cases. It also surveys the few 12th-century medical writers who discussed impotence magic, including Urso of Salerno, who offered a physical explanation for a phenomenon that other authors ascribed to magic.

This chapter examines ICSID annulment decisions after 2002 along the lines of the ‘three generation’ classification, Professor Schreuer's examination scheme, and the organization of claims. The analysis of recent ICSID annulment decisions has shown that the majority of them can be classified as appertaining to Professor Schreuer's ‘third generation’ of ICSID annulment proceedings. Explicitly or implicitly referring to this concept, they have shown a very cautious approach. They have made it repeatedly clear that annulment must be distinguished from appeal and that an ad hoc committee may not analyse the merits of the case or substitute its own determination for that of the tribunal.

This chapter examines the relationship between the concerns raised about the quality and consistency of ICSID awards, on the one hand, and, on the other, the existence and efficiency of any respective remedy. It begins with a review of the four generations of annulment proceedings followed by a review of ICSID arbitral awards. It then considers the use of precedent in ICSID arbitration, ICSID control over quality and consistency of arbitral awards, and remedies for consistency and legitimacy lacunae inherent in Article 52.

This chapter focuses on changed circumstances in investment law with a special focus on necessity. Section B first deals with the diverging findings of the different investment tribunals with respect to Argentina's necessity defence. After a brief description of the factual background and of the relevant standards under treaty law and the customary law of State responsibility, the tribunals' decisions will be discussed and a categorization of their approaches attempted. Section C analyzes the different approaches from a broader international law perspective. It is argued that the ‘separation/two-step approach’ which was adopted by the CMS Annulment Committee and the UNCITRAL tribunal is the one most in line with general international law.

Judicial supervision, generally occurring subsequently both to administrative action and to measures of administrative supervision, is designed to correct errors which have already occurred and to provide compensation for losses resulting from them. It is in this sense quite different from both administrative and political supervision of the administration which can occur both ex ante and ex post. This chapter discusses the various avenues for judicial review of EU administrative action in detail, assessing first direct legal actions for annulment and failure to act, before turning to incidental forms of review. The focus then shifts to the remedy of damages and concludes with an overview of interim relief proceedings.

This chapter considers the remedies available against the EU. The two principal remedies available against the Union are annulment and compensation. Annulment embodies the fundamental precept that where action is invalid or illegal then it should prima facie be void and of no effect. Compensation is equally significant as a remedy, although the precise criterion for recovery depends upon whether the loss flows from the exercise of a discretionary or non-discretionary power. The discussion begins with consideration of the principles governing interim relief pending the final decision on the substance of the case and the way in which those principles are applied in relation to both direct and indirect actions. This is followed by analysis of the consequences of finding that the contested measure is illegal or invalid, the extent to which the Union courts modify the basic precept that a measure found to be invalid or illegal is void ab initio, and the relationship between the finding that the measure is void and the obligations placed on the EU institutions to redress the wrong. The focus then turns to compensation, the criteria for recovery under Article 340 TFEU, and the way in which the tests have evolved over time.

This chapter distinguishes between three different conceptions of corrective justice: the annulment thesis, the relational conception of corrective justice, and a mixed conception of corrective justice. It then defends one of these conceptions — the view that it is the duty of wrongdoers in corrective justice to repair the wrongful losses for which they are responsible.

This chapter examines religion and marriage in terms of the approach of States to religious marriages and their position in civil law. It deals with the formation and recognition of religious marriages (and the various models at work in the States of Europe in this field), the termination of religious marriages (and how the religious annulment of religious marriages may be recognised by some States), and religious aspects of same-sex marriages and partnerships. It then deals with religion and children — the religious upbringing of children and parental rights in this regard, limitations on the religious freedom of parents, the religious autonomy of the child, and circumcision and female genital mutilation. The chapter explores the impact of international law in this field.

This chapter introduces the material and historical basis of ‘marriage’ as an indissoluble and sacrosanct unit and its gradual progression towards divorce. It also demonstrates the connection between economic developments and the changing nature of marriage. The grounds for the annulment include bigamy, force/coercion, fraud/misrepresentation, impotency, insanity/mental disorder, pre-marriage pregnancy and marriage of minors. The basic premise of the breakdown theory is that if a marriage has broken down without any possibility of repair (or irretrievably), it should be dissolved without determining the ‘fault’ of either party. Some examples of economic settlements are discussed. The Special Marriage Act and the Indian Christian Marriage Act were the first enactments which provided for the registration of marriages. The humiliation and violence within marriage has been a major concern for Indian women down the ages. It is shown that traditional personal laws, customary laws as well as statutory law function from a patriarchal base.

This discussion of the law of obligations is divided into three parts: the law of contract, the law of delict, and Quasi-contracts and Enrichissement Sans Cause. The first part considers the creation and the effects of contracts. The second part considers the liability of personal fault, liability for the ‘actions of things’, liability for another person’s action, special liability regimes, causation, and harm. The last part examines the unrequested management of another person’s affairs, recovery of ‘undue payments’, Enrichissement Sans Cause, and restitution as between parties to a failed contract.

The objection that it is inappropriate to assess the institution of tort liability in terms of a desert-based criterion of fairness would be more convincing if the institution were in better shape overall, so far as other modes of justification were concerned. This chapter considers whether tort liability can be defended on grounds of fairness, even if it cannot be defended on other grounds. It focuses on the assumption that the system of tort liability, whose impact on individual injurers is ameliorated by third-party insurance contracts, is in itself fundamentally just. There are important differences between tort liability and liability in the criminal law. The aim of compensating victims is at best secondary or incidental in criminal law, whereas it is central in torts. This theory also examines carelessness and the annulment theory, as well as wrongful loss and wrongful gain.

This chapter discusses how marriages ended in death or dissolution or annulment, and how couples would start another marriage. There is a discussion on the couple’s sexuality after remarriage, as well as one on children and stepchildren. In the case of remarriage, the ingrained attitude of the clergy, theologically and practically, was that widows ideally should remain single. Yet, there were plenty of chaplains and other clerks sympathetic to the plight of those who were widowed and supportive of their wish to remarry. Fictional literature concentrates on the widow, not on the widower, and paints her as either devoted to her late husband’s memory or as sexually predatory. Chronicles and charters reveal complex and gendered relationships between stepparent and stepchild.

This chapter discusses how the Rhinelander case came into being. It details the story of Leonard's courtship of Alice, their marriage, and their falling out due to Leonard's filing of an annulment lawsuit for their marriage. It narrates the story of their first meeting, their three-year romance, and their marriage ceremony. It then describes the end of the Rhinelander love story: the moment Leonard filed for an annulment. Finally, it also presents Alice's responses to the court in countering Leonard's claims as well as the expectations of the general public about the real factors of the lawsuit.