Family Law In Europe
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| Author | : M. V. Antokolʹskai︠a︡ |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2006 |
| Genre | : Conflict of laws |
| ISBN | : 9789050955768 |
This book provides an overview of the developments in family law in Europe during the last two millennia. It aims to examine the so-called 'cultural constraints argument', which suggests that family law is unsuitable for harmonisation because the family laws of the European countries are deeply imbedded in their unique national cultures and history. It follows the path of the greatest-ever harmonisation event in European legal history: the creation of the medieval canon family law, and shows how, under the impact of pan-European economic, cultural and ideological trends, medieval uniformity turned into present-day diversity. Everywhere in Europe the evolution of family law generally followed the same pattern - from a traditional restrictive family law, built upon communitarian, transpersonal premises, to a more permissive family law, based upon modern personalistic ideology - yet national differences seem not to be disappearing. It appears, however, that this has little to do with the
| Author | : Katharina Boele-Woelki |
| Publisher | : European Family Law |
| Total Pages | : 0 |
| Release | : 2019 |
| Genre | : Common law marriage |
| ISBN | : 9781780687889 |
The CEFL has developed a comprehensive and original set of rules which may be a source of inspiration for legislating the rights and duties of couples who have not formalised their relationship. In their provisions on specific issues, the Principles opt for workable solutions which aim to avoid unnecessary hardship and disputes.
| Author | : Jens M. Scherpe |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 411 |
| Release | : 2016-01-29 |
| Genre | : Law |
| ISBN | : 1785363050 |
Family Law in a European Perspectiveexamines core aspects of family law from a comparative European perspective: marriage, divorce, cohabitation, same-sex relationships, the financial consequence of divorce, adoption, parentage and surrogacy, parental responsibility, the child's welfare, and law concerning older people. These topics have been the most debated in family law over the past century. They cover areas where national family laws have reacted, or will need to react, to the challenges of societal changes, medical advances and institutional pressures including decisions of the European Courts. The contributions show diversity in, as well as developments towards, a common European family law. This book, and the others in the set, will serve as an invaluable resource for anyone interested in family law. It will be of particular use to students and scholars of comparative and international family law, as well as family law practitioners. Contributors: M. Antokolskaia, P. Beaumont, I. Curry-Sumner, C. Fenton-Glynn, J. Ferrer-Riba, R. George, J. Herring, J. Miles, J.M. Scherpe, C. Sörgjerd, K. Trimmings
| Author | : Katharina Boele-Woelki |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2013 |
| Genre | : Divorce |
| ISBN | : 9781780681528 |
The Principles of European Family Law - drafted by the Commission on European Family Law (CEFL) - contain models which may be used for the harmonization of family law in Europe. This book contains the Principles regarding property relations between spouses. In these Principles, the CEFL has developed an all-inclusive set of rules for two matrimonial property regimes: the participation in acquisitions and the community of acquisitions. Both regimes have been put on an equal footing. Each matrimonial property regime, whether it functions as a default or as an optional regime, is strongly connected with the rights and duties of the spouses and the possibility for them to make a marital property agreement. These issues have also been addressed by including two common chapters on the general rights and duties of spouses and on marital property agreements, which are to be applied regardless of which of the regimes applies. (Series: European Family Law - Vol. 33)
| Author | : Jens M. Scherpe |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 181 |
| Release | : 2016-01-29 |
| Genre | : Law |
| ISBN | : 1785363077 |
The Present and Future of European Family Law explores the essence of European family law – and what its future may be. It compares and analyses existing laws and court decisions, identifies trends in legislation and jurisprudence, and also forecasts (and in some cases proposes) future developments. It establishes that while there is, at present, no comprehensive European family law, elements of an ‘institutional European family law’ have been created through decisions by the European Court on Human Rights and by the Court of Justice of the European Union as well as other EU instruments. At the same time an ‘organic European family law’ is beginning to emerge. The laws in many European jurisdictions have developed similarly and have ‘grown together’, not only as a result of the aforementioned institutional pressures, but also as a result of societal developments, and comparable reactions to medical and societal advances and changes. Hence there already is a body of institutional and organic European family law, and it will continue to grow. This book, and the others in the set, will serve as an invaluable resource for anyone interested in family law. It will be of particular use to students and scholars of comparative and international family law, as well as family law practitioners.
| Author | : Katharina Boele-Woelki |
| Publisher | : Intersentia nv |
| Total Pages | : 600 |
| Release | : 2003 |
| Genre | : Domestic relations |
| ISBN | : 9050952879 |
Is the unification and harmonisation of (international) family law in Europe necessary? Is it feasible, desirable and possible? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.
| Author | : Katharina Boele-Woelki |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2014 |
| Genre | : Conflict of laws |
| ISBN | : 9781780681597 |
Proceedings of the fifth conference of the Commission on European Family Law on "Family Law and Culture in Europe: Developments, Challenges and Opportunities" held in Bonn, Germany in August of 2013.
| Author | : Dr Prakash Shah |
| Publisher | : Ashgate Publishing, Ltd. |
| Total Pages | : 261 |
| Release | : 2014-06-28 |
| Genre | : Law |
| ISBN | : 1472433173 |
This collection discusses how official legal systems do and should respond to the reality of a plurality of family types and origins within their jurisdictions. It further examines the challenges that arise for practitioners, including lawyers and judges, when faced with such plurality. Focussing on empirical research, the volume presents legal and sociological data of unprecedented comparative depth. It also includes a discussion of how members of minority families respond to the need to organise their legal relationships, and to resolve their disputes in the shadow of official legal systems which differ from those of their familial and communal traditions. The work invites reflection, and demonstrates the urgency and complexity of the questions regarding the search for justice in the field of family life in Europe today.
| Author | : Katharina Boele-Woelki |
| Publisher | : Intersentia nv |
| Total Pages | : 394 |
| Release | : 2005 |
| Genre | : Custody of children |
| ISBN | : 9050954758 |
This volume contains twenty-three contributions delivered at the CEFL's second international conference which took place in Utrecht in December 2004. The interventions written by both experienced family experts as well as young researchers cover those fields of family law that are closely related to the activities of the CEFL: (1) divorce and maintenance between former spouses, (2) parental responsibilities, (3) informal long-term relationships and (4) the revised Brussels II Regulation. Furthermore, the opening two contributions deal not only with essential aspects of the harmonisation process of family law in Europe but also with the CEFL's working method.
| Author | : Carolyn Hamilton |
| Publisher | : Bloomsbury Professional |
| Total Pages | : 849 |
| Release | : 2002-12 |
| Genre | : Law |
| ISBN | : 9781845925307 |
"This edition of Family Law in Europe provides concise and relevant information on the different family law systems to be found in the major European jurisdictions. The book provides a checklist of family law in European countries, facilitating comparison between their respective legislation, case law and enforcement of orders. In addition, the book covers free movement rights and European social security rights and other benefits. "
