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European Family Law Volume I
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Book Synopsis The Present and Future of European Family Law by : Jens M. Scherpe
Download or read book The Present and Future of European Family Law written by Jens M. Scherpe and published by Edward Elgar Publishing. This book was released on 2016-01-29 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis European Family Law by : Jens M. Scherpe
Download or read book European Family Law written by Jens M. Scherpe and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis European Family Law Volume I by : Jens M. Scherpe
Download or read book European Family Law Volume I written by Jens M. Scherpe and published by Edward Elgar Publishing. This book was released on 2016-01-29 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Impact of Institutions and Organisations on European Family Law looks at the impact that institutions and organisations have had, and continue to have, on European family law. In many ways the chapters in this volume provide the easiest explanation for the existence of a European family law. While there is no European body that could actually legislate definitively on family law – even the European Union has no such mandate – there are still some obvious institutions that have a very direct impact on European family law. These can be divided into two groups; namely those that have a direct impact, such as the European Court of Human Rights and the European Union, and those that have an indirect impact, such as the Commission on European Family Law (CEFL), the Council of Europe and the International Commission on Civil Status (ICCL/CIEC) as well as the private international law instruments of the Hague Conference (HCCH) and the EU. Together, with religion, all of these institutions are contributing to the creation of a 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.
Book Synopsis Principles of European Family Law Regarding Property, Maintenance and Succession Rights of Couples in de Facto Unions by : Katharina Boele-Woelki
Download or read book Principles of European Family Law Regarding Property, Maintenance and Succession Rights of Couples in de Facto Unions written by Katharina Boele-Woelki and published by European Family Law. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis European Family Law Volume III by : Jens M. Scherpe
Download or read book European Family Law Volume III written by Jens M. Scherpe and published by Edward Elgar Publishing. This book was released on 2016-01-29 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This four-volume set maps the emerging European family law. It is intended to serve as a resource for anyone interested in this area of law, as well as a basis for teaching on comparative and international family law courses. The first volume examines t
Download or read book European Family Law in Action written by and published by . This book was released on 2015 with total page 1168 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Principles of European Family Law Regarding Property Relations Between Spouses by : Katharina Boele-Woelki
Download or read book Principles of European Family Law Regarding Property Relations Between Spouses written by Katharina Boele-Woelki and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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)
Book Synopsis Islamic Law in Europe? by : Prof Dr Andrea Büchler
Download or read book Islamic Law in Europe? written by Prof Dr Andrea Büchler and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural and religious identity and family law are inter-related in a number of ways and raise various complex issues. European legal systems have taken various approaches to meeting these challenges. This book examines this complexity and indicates areas in which conflicts may arise by analysing examples from legislation and court decisions in Germany, Switzerland, France, England and Spain. It includes questions of private international law, comments on the various degrees of consideration accorded to cultural identity within substantive family law, and remarks on models of legal pluralism and the dangers that go along with them. It concludes with an evaluation of approaches which are process-based rather than institution-based. The book will be of interest to legal professionals, family law students and scholars concerned with legal pluralism.
Book Synopsis European Human Rights and Family Law by : Shazia Choudhry
Download or read book European Human Rights and Family Law written by Shazia Choudhry and published by Bloomsbury Publishing. This book was released on 2010-04-27 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the potential impact of human rights in the way the law interacts with families. Traditionally family law has been dominated by consequentialist/utilitarian themes. The most notable example of this occurs in the law relating to children and the employment of the "welfare principle". This requires the court to focus on the welfare of the child as the paramount consideration. Hitherto the courts and, to a certain extent, family law academics, have firmly rejected the use of the language of rights, preferring the discretion and child-centred focus of welfare. However, the incorporation of the European Convention on Human Rights via the Human Rights Act now requires family law to deal more clearly with the competing rights that family members can hold. In addition, it is clear that, to date, the courts have largely ignored or minimised the different demands that the HRA imposes on the judiciary and, in particular, judicial reasoning. This book challenges that view and suggests ways in which the family courts may improve their reasoning in this field. No longer can cases be dealt with on the basis of a simple utilitarian calculation of what is in the best interests of the child and other family members - greater transparency is required. The book clarifies the different rights that family members can hold and, in particular, identifies ways in which it may be possible to deal with the clash of rights between family members that will inevitably occur. Whether this requires an abandonment of the utilitarian nature of family law, or a reworking of it, is a theme that runs throughout the book.
Book Synopsis The Future of Family Property in Europe by : Katharina Boele-Woelki
Download or read book The Future of Family Property in Europe written by Katharina Boele-Woelki and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book covers five areas of family property law in Europe: Matrimonial Property Law in Europe, Family Contracts û Issues of Autonomy, Protection of Older People in Law, Freedom of Testation and Protection of Family Members, and the Unification of Private International Law. These issues are discussed throughout the book, together addressing the broad question: what might be the future of family property law in Europe?
Book Synopsis European Family Law Volume II by : Jens M. Scherpe
Download or read book European Family Law Volume II written by Jens M. Scherpe and published by Edward Elgar Publishing. This book was released on 2016-01-29 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Changing Concept of ‘Family’ and Challenges for Domestic Family Law explores the changing concept of ‘family’, with the current social, political, medical and scientific challenges for domestic family law discussed in over 20 European jurisdictions. National reports describe the current law and legal development for ‘horizontal’ (the law of relationships between adults such as marriage, divorce, cohabitation, same-sex relationships), ‘vertical’ (the law governing the relationships between adults and children, such as parentage including artificial reproductive techniques and surrogacy, parental responsibility and adoption) and ‘individual’ (the law of names and recognition of gender identity) family law. They show that, while considerable legal and societal diversity still exists within Europe, family law, in many areas, is developing along similar lines, with a convergence towards a 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.
Book Synopsis The Right to Family Life in the European Union by : Maribel González Pascual
Download or read book The Right to Family Life in the European Union written by Maribel González Pascual and published by Routledge. This book was released on 2016-12-19 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the main developments and challenges for the right to family life in the context of European integration, this book examines the right to family life in the EU Charter of Fundamental Rights and the interplay between family life, citizenship, and free movement; it analyzes the combined impact of the EU and the European Convention on Human Rights on the concept of the family protected by the law in light of recent case law. Considering the broadening understanding of what constitutes family, the challenges for the right to family life in the context of immigration, and the protection of families and social rights it provides a comprehensive overview of the current state of family life in the European Union.
Book Synopsis Harmonisation of Family Law in Europe by : M. V. Antokolʹskai︠a︡
Download or read book Harmonisation of Family Law in Europe written by M. V. Antokolʹskai︠a︡ and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis Family Law and Culture in Europe by : Katharina Boele-Woelki
Download or read book Family Law and Culture in Europe written by Katharina Boele-Woelki and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Divorce in Transnational Families by : Iris Sportel
Download or read book Divorce in Transnational Families written by Iris Sportel and published by Springer. This book was released on 2016-10-25 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uniquely focuses on the role of family law in transnational marriages. The author demonstrates how family law is of critical importance in understanding transnational family life. Based on extensive field research in Morocco, Egypt and the Netherlands, the book examines how, during marriage and divorce, transnational families deal with the interactions of two different legal systems. Sportel studies the interactions of European and Islamic family law, addressing its interconnections with migration and everyday life, within the context of highly politicised debates on gender, Islam, migration and the family. The book will be of interest to scholars and students of family sociology, migration and diaspora studies, transnational families, family law, and sociology of law.
Book Synopsis Perspectives for the Unification and Harmonisation of Family Law in Europe by : Katharina Boele-Woelki
Download or read book Perspectives for the Unification and Harmonisation of Family Law in Europe written by Katharina Boele-Woelki and published by Intersentia nv. This book was released on 2003 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The History of Law in Europe by : Bart Wauters
Download or read book The History of Law in Europe written by Bart Wauters and published by Edward Elgar Publishing. This book was released on 2017-04-28 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.
