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Juxtaposing Legal Systems And The Principles Of European Family Law On Divorce And Maintenance
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Book Synopsis Juxtaposing Legal Systems and the Principles of European Family Law on Divorce and Maintenance by : E. Örücü
Download or read book Juxtaposing Legal Systems and the Principles of European Family Law on Divorce and Maintenance written by E. Örücü and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume seeks to test the Principles of European Family Law Regarding Divorce and Maintenance Between Former Spouses in a range of legal systems, Malta, Estonia, Lithuania and Turkey; and in so doing to assess these legal systems in view of the Principles, and the Principles in view of these legal systems.
Book Synopsis Juxtaposing Legal Systems and the Principles of European Family Law on Parental Responsibilities by : E. Örücü
Download or read book Juxtaposing Legal Systems and the Principles of European Family Law on Parental Responsibilities written by E. Örücü and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume tests the Principles of European Family Law on Parental Responsibilities in a range of legal systems, and in so doing assesses these legal systems in view of the Principles, and the Principles in view of these legal systems.
Book Synopsis Principles of European Family Law Regarding Divorce and Maintenance Between Former Spouses by : Katharina Boele-Woelki
Download or read book Principles of European Family Law Regarding Divorce and Maintenance Between Former Spouses written by Katharina Boele-Woelki and published by Intersentia nv. This book was released on 2004 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: A book series dedicated to the harmonisation and unification of family and succession law in Europe. The European Family Law series includes comparative legal studies and materials as well as studies on the effects of international and European Law making within the national legal systems in Europe. The books are published in English, French or German under the auspices of the Organising Committee of the Commission on European Family Law (CEFL). Three years after its establishment the CEFL presents its first Principles of European Family Law in the field of divorce and maintenance between former spouses. The Principles aim to bestow the most suitable means for the harmonisation of family laws in Europe. In this respect they may serve as a frame of reference for national, European and international legislatures alike. The Principles could considerably facilitate their task not only by virtue of the fact that the CEFL's in-depth and comprehensive comparative research is easily accessible but also because most of the rules have been drafted in a way which Legislatures normally consider to be appropriate. Book jacket.
Book Synopsis Common Core and Better Law in European Family Law by : Katharina Boele-Woelki
Download or read book Common Core and Better Law in European Family Law written by Katharina Boele-Woelki and published by Intersentia nv. This book was released on 2005 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Routledge Handbook of International Family Law by : Barbara Stark
Download or read book Routledge Handbook of International Family Law written by Barbara Stark and published by Routledge. This book was released on 2019-01-30 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalisation, and the vast migrations of capital and labour that have accompanied it in recent decades, has transformed family law in once unimaginable ways. Families have been torn apart and new families have been created. Borders have become more porous, allowing adoptees and mail order brides to join new families and women fleeing domestic violence to escape from old ones. People of different nationalities marry, have children, and divorce, not necessarily in that order. They file suits in their respective home states or third states, demanding support, custody, and property. Otherwise law-abiding parents risk jail in desperate efforts to abduct their own children from foreign ex-spouses. The aim of this Handbook is to provide scholars, postgraduate students, judges, and practioners with a broad but authoritative review of current research in the area of International Family Law. The contributors reflect on a range of jurisdictions and legal traditions and their approaches vary. Each chapter has a distinct subject matter and was written by an author who was invited because of his or her expertise on that subject. This volume provides a valuable contribution to emerging understandings of the subject.
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 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 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
Book Synopsis Marriage at the Crossroads by : Marsha Garrison
Download or read book Marriage at the Crossroads written by Marsha Garrison and published by Cambridge University Press. This book was released on 2012-10-15 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: The institution of marriage is at a crossroads. Across most of the industrialized world, unmarried cohabitation and nonmarital births have skyrocketed while marriage rates are at record lows. These trends mask a new, idealized vision of marriage as a marker of success as well as a growing class divide in childbearing behavior: the children of better educated, wealthier individuals continue to be born into relatively stable marital unions while the children of less educated, poorer individuals are increasingly born and raised in more fragile, nonmarital households. The interdisciplinary approach offered by this edited volume provides tools to inform the debate and to assist policy makers in resolving questions about marriage at a critical juncture. Drawing on the expertise of social scientists and legal scholars, the book will be a key text for anyone who seeks to understand marriage as a social institution and to evaluate proposals for marriage reform.
Book Synopsis Unifying and Harmonising Substantive Law and the Role of Conflict of Laws by :
Download or read book Unifying and Harmonising Substantive Law and the Role of Conflict of Laws written by and published by Martinus Nijhoff Publishers. This book was released on 2010-07-05 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally, conflict of law rules designate only national substantive law as the applicable law. Many unifying and harmonizing substantive law instruments of both States and non-State organizations, however, are designed specifically for application to cross-border relationships. Achieving this objective is, generally, hindered by conflict of law rules. The requirements which non-national law needs to fulfil in order to be accepted as the law governing a cross-border relationship deserve clarification. Not only uniform law, such as the CISG and the envisaged European substantive law instrument for the law of obligations, but, particularly, instruments which are aimed at harmonizing substantive law, challenge the established systems of conflict of laws. In seeking a positive approach towards the application of a law other than national law various aspects need to be considered: (1) is the decision taken by a court or an arbitral tribunal; (2) what field of law (contract/delict/tort or family relationships) is involved; and (3) the objective or subjective (choice by the parties) designation of the applicable law.
Book Synopsis Responsible Parents and Parental Responsibility by : Rebecca Probert
Download or read book Responsible Parents and Parental Responsibility written by Rebecca Probert and published by Bloomsbury Publishing. This book was released on 2009-05-06 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the idea of 'parental responsibility' in English law and what is expected of a responsible parent. The scope of 'parental responsibility', a key concept in family law, is undefined and often ambiguous. Yet, to date, more attention has been paid to how individuals acquire parental responsibility than to the question of the rights, powers, duties and responsibilities they have once they obtain it. This book redresses the balance by providing the first sustained examination of the different elements of parental responsibility, bringing together leading scholars to comment on specific aspects of its operation. The book begins by exploring the conceptual underpinnings of parental responsibility in the context of parents' and children's rights. The analysis highlights the inherent constraints and limitations of 'parental responsibility' and how its scope has deliberately been curtailed in certain contexts. The book then considers what parental responsibility allows and requires in specific areas, for example, naming a child, education, religious upbringing, medical treatment, corporal punishment, dealing with any contracts entered into or property owned by the child, representing the child in legal proceedings, consenting to a child's marriage or civil partnership and the law's response to the death of a child. In the final section, the idea of the 'responsible parent' is considered in the contexts of child support, contact, tort, and criminal law.
Book Synopsis The Marriage Buyout by : Cynthia Starnes
Download or read book The Marriage Buyout written by Cynthia Starnes and published by NYU Press. This book was released on 2014-05-16 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: From divorce court to popular culture, alimony is a dirty word. Unpopular and rarely ordered, the awards are frequently inconsistent and unpredictable. The institution itself is often viewed as an historical relic that harkens back to a gendered past in which women lacked the economic independence to free themselves from economic support by their spouses. In short, critics of alimony claim it has no place in contemporary visions of marriage as a partnership of equals. But as Cynthia Lee Starnes argues in The Marriage Buyout, alimony is often the only practical tool for ensuring that divorce does not treat today’s primary caregivers as if they were suckers. Her solution is to radically reconceptualize alimony as a marriage buyout. Starnes’s buyouts draw on a partnership model of marriage that reinforces communal norms of marriage, providing a gender-neutral alternative to alimony that assumes equality in spousal contribution, responsibility, and right. Her quantification formulae support new default rules that make buyouts more certain and predictable than their current alimony counterparts. Looking beyond alimony, Starnes outlines a new vision of marriages with children, describing a co-parenting partnership between committed couples, and the conceptual basis for income sharing between divorced parents of minor children. Ultimately, under a partnership model, the focus of alimony is on gain rather than loss and equality rather than power: a spouse with disparately low earnings isn’t a sucker or a victim dependent on a fixed alimony payment, but rather an equal stakeholder in marriage who is entitled at divorce to share any gains the marriage produced.
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 Great Debates in Family Law by : Jonathan Herring
Download or read book Great Debates in Family Law written by Jonathan Herring and published by Bloomsbury Publishing. This book was released on 2015-04-17 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook is an ambitious and engaging introduction to the more advanced writings on family law, primarily designed to allow students to 'get under the skin' of the topic and begin to build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. The aim of the book is therefore not to present a complete overview of theoretical issues in family law, but rather to illustrate the current debates which are currently going on among those working in shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading.
Book Synopsis The Reform of Family Law in Europe by : A. Chloros
Download or read book The Reform of Family Law in Europe written by A. Chloros and published by Springer Science & Business Media. This book was released on 2013-06-29 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last few years European Family Law has undergone considerable changes. Although in the past law reform was slow, since 1969 the impetus for reform has gathered momentum. It is no exaggeration to say that the changes that have occurred in Europe in the last six or seven years have radically altered the very concept of the family in Europe. As a distinguished scholar and former editor of the Family Law volume of the International Encyclopaedia of Com parative Law, Professor Max Rheinstein, has put it: 'These transformations are not fully completed anywhere. They have gone farthest in the countries of highest industrialization and in those of socialist rule. But they have set in wherever industrialization has obtained a foothold. The degree of 'modernization' offamily law may indeed be used as an index of a society's degree of Westernization. 'l Yet, such is the force of traditional patterns of thought that, although we are aware of distinct changes in various legal systems, the underlying and implied assumption is that family law can still move within the traditional framework. This is not surprising for, until comparatively recently at least family law was not thought of as a suitable subject of unification. It was claimed that there is a peculiar and distinct element which derives from the mores and innermost beliefs of each people, from a sort of family Volksgeist that renders impossible the approximation or unification of family law.
Book Synopsis The Principles of European Family Law Revisited by : Christina González Beilfuss
Download or read book The Principles of European Family Law Revisited written by Christina González Beilfuss and published by . This book was released on 2024-01-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on national reports by family law experts from more than 20 European jurisdictions, The Principles of European Family Law Revisited provides an insight into recent developments in family law in Europe in the areas of divorce, maintenance between former spouses, parental responsibilities, property relations between spouses and de facto unions. This book presents a comparative analysis between these developments and the five sets of Principles that the Commission of European Family Law has established in these areas over the last 20 years. The Principles of European Family Law Revisited contains a wealth of information for comparative family lawyers in academia or practice, with the comparative charts in particular providing a useful reference for comparative research. Additionally, in a move that marks a historical first in legal publishing, this book reproduces all the CEFL Principles in one collective volume.
Book Synopsis Central European Constitutional Courts in the Face of EU Membership by : Allan F. Tatham
Download or read book Central European Constitutional Courts in the Face of EU Membership written by Allan F. Tatham and published by Martinus Nijhoff Publishers. This book was released on 2013-03-21 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Central European Constitutional Courts in the Face of EU Membership explores German legal influence on other systems of constitutional justice, concentrating on the impact of the Federal Constitutional Court’s approach to EU integration on constitutional courts in Hungary and Poland.
