Perspectives for the Unification and Harmonisation of Family Law in Europe

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Publisher : Intersentia nv
ISBN 13 : 9050952879
Total Pages : 600 pages
Book Rating : 4.0/5 (59 download)

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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.

Harmonisation of Family Law in Europe

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Publisher :
ISBN 13 : 9789050955768
Total Pages : 0 pages
Book Rating : 4.9/5 (557 download)

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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

The Present and Future of European Family Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1785363077
Total Pages : 181 pages
Book Rating : 4.7/5 (853 download)

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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 181 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.

European Family Law Volume III

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Publisher : Edward Elgar Publishing
ISBN 13 : 1785363050
Total Pages : 411 pages
Book Rating : 4.7/5 (853 download)

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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 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Common Core and Better Law in European Family Law

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Publisher : Intersentia nv
ISBN 13 : 9050954758
Total Pages : 394 pages
Book Rating : 4.0/5 (59 download)

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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.

Unification and Harmonization of Family Law Principles

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Unification and Harmonization of Family Law Principles by : Nancy G. Maxwell

Download or read book Unification and Harmonization of Family Law Principles written by Nancy G. Maxwell and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Commission of European Family Law initially selected two topics, grounds for divorce and spousal support, which it would begin to collect data and study, with the ultimate purpose of drafting principles to unify European countries concerning these two topics. This article examines these two areas as they have developed in the United States and discusses how unification and harmonization has been difficult within a federalized legal system because the individual states legislate and adjudicate family law principles. In spite of this diversity, the article points out several limits on the power of the states, such as constitutional decisions by the United States Supreme Court and legislation by the U.S. Congress. In particular, the article discusses constitutional limitations in divorce cases and enactments of Congress that extend personal jurisdiction in instances of spousal support. Another development that could impact the harmonization of family law principles is the enactment of uniform laws, which historically have had varying degrees of success in unifying grounds for divorce. More recently, the American Law Institute has proposed uniform principles for spousal support under the Principles of the Law of Family Dissolution, but it remains to be seen whether the Principles will be widely accepted by state legislatures or the courts. As a general rule, there continues to be lack of uniformity and harmonization among the individual states in the U.S.

European Family Law Volume I

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Publisher : Edward Elgar Publishing
ISBN 13 : 1785363018
Total Pages : 373 pages
Book Rating : 4.7/5 (853 download)

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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 373 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.

Convergence and Divergence of Family Law in Europe

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Publisher :
ISBN 13 : 9789050956901
Total Pages : 0 pages
Book Rating : 4.9/5 (569 download)

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Book Synopsis Convergence and Divergence of Family Law in Europe by : M. V. Antokolʹskai︠a︡

Download or read book Convergence and Divergence of Family Law in Europe written by M. V. Antokolʹskai︠a︡ and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains the written versions of presentations given at the international conference "Convergence and Divergence of Family Law in Europe", organised in Amsterdam in September 2006. The main objective of this conference was to instigate an in-depth discussion regarding various facets of the convergence/divergence discord. Another objective was to give scholars the opportunity to present their respective views in the ongoing debate surrounding convergence, divergence and deliberate harmonisation activities in the field of family law. In the first part of this book the historical and theoretical issues of the convergence/divergence debate and the controversy surrounding the "cultural constraints" argument are discussed. The second part gives a picture of the contemporary role of convergence/divergence tendencies on a regional level in various parts of Europe. It starts with an overview of the recent trends in the renowned "Nordic co-operation" in the approximation of family laws, which is generally considered to be the most successful example of regional harmonisation of family laws in Europe. The next article deals with convergence/divergence tendencies in the development of the family law of the Spanish autonomous communities. The following two contributions offer a summary of the convergence and divergence trends in Eastern Europe against the background of such sweeping events as the fall of the Soviet Union, the disintegration of the Eastern block and the accession of a majority of the Central European countries to the EU. The third part of this volume deals with the convergence and divergence tendencies in the following particular fields of family law: marriage, divorce, same-sex relationships, establishment of parenthood and matrimonial property law.

The Reform of Family Law in Europe

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Publisher : Springer Science & Business Media
ISBN 13 : 9401743843
Total Pages : 533 pages
Book Rating : 4.4/5 (17 download)

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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 533 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.

Family Law Legislation of the Netherlands

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Publisher : Intersentia nv
ISBN 13 : 9050953409
Total Pages : 277 pages
Book Rating : 4.0/5 (59 download)

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Book Synopsis Family Law Legislation of the Netherlands by : Ian Sumner

Download or read book Family Law Legislation of the Netherlands written by Ian Sumner and published by Intersentia nv. This book was released on 2003 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: ". First integrated English translation of all Dutch statutory provisions in the field of family law."--Page ix.

Family Law in Europe

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Publisher : Bloomsbury Professional
ISBN 13 : 9781845925307
Total Pages : 849 pages
Book Rating : 4.9/5 (253 download)

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Book Synopsis Family Law in Europe by : Carolyn Hamilton

Download or read book Family Law in Europe written by Carolyn Hamilton and published by Bloomsbury Professional. This book was released on 2002-12 with total page 849 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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. "

Contractualisation of Family Law - Global Perspectives

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Publisher : Springer
ISBN 13 : 3319172298
Total Pages : 375 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Contractualisation of Family Law - Global Perspectives by : Frederik Swennen

Download or read book Contractualisation of Family Law - Global Perspectives written by Frederik Swennen and published by Springer. This book was released on 2015-07-06 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents global and comparative perspectives on the perpetual pendular movement of family law between status and contract. It contributes to the topical academic debate on ‘family law exceptionalism’ by exploring the blurred lines between public law, private law and family law, and sheds light on the many shades of grey that exist. The contributions focus on both substantive and procedural family law on parents and children and on life partners, with particular attention for contractual arrangements of family formations and of conflict resolution. The hypothesis underlying all contributions was the trend towards contractualisation of family law. A convergent research outcome resulting from the comparison of national reports was the ambivalent position of family law in legal systems worldwide. That comparison shows that, whereas family law is clearly moving towards contract with regard to old family formations, the contrary is true for new family formations. The movement towards contract is rarely considered to be contractualisation pur sang, with civil effect. The movement towards status, finally, does not necessarily witness ‘family law exceptionalism’ vis-à-vis private law, in view of the increasing State interventionism in private law relations in general. In sum, as the volume shows, the high permeability of the demarcations between the State, the family and the market impedes a categorial approach. This volume is based on the general and selected national reports on the topic “Contractualisation of Family Law” that were presented at the XIXth International Congress of Comparative Law in Vienna in July 2014.

European Family Law

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Publisher :
ISBN 13 : 9781785362989
Total Pages : pages
Book Rating : 4.3/5 (629 download)

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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:

The Role of Self-determination in the Modernisation of Family Law in Europe

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Publisher : Documenta Universitaria
ISBN 13 : 8493495972
Total Pages : 326 pages
Book Rating : 4.4/5 (934 download)

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Book Synopsis The Role of Self-determination in the Modernisation of Family Law in Europe by : International Society on Family Law

Download or read book The Role of Self-determination in the Modernisation of Family Law in Europe written by International Society on Family Law and published by Documenta Universitaria. This book was released on 2006 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book includes some of the papers presented and discussed at the European Regional Conference of the International Society of Family Law (ISFL), held in Tossa de Mar and Girona on the 9th and 10th of October 2003.\n

Families and the European Union

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Publisher : Cambridge University Press
ISBN 13 : 1139457373
Total Pages : 18 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Families and the European Union by : Clare McGlynn

Download or read book Families and the European Union written by Clare McGlynn and published by Cambridge University Press. This book was released on 2006-09-28 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first book to offer a comprehensive analysis of family law in the European Union, McGlynn argues that a traditional concept of 'family' which has many adverse effects - on individuals, on families (in all their diverse forms), and indeed on the economic ambitions of the EU is forming the basis for the little-recognised and under-researched field of EU family law. This book examines three different aspects of family life - childhood, parenthood and partnerships - and critically analyses existing EU law in relation to each. It examines the emerging field of EU family law, providing a highly sceptical account of recent developments and a robust challenge to the arguments in favour of the codification of European civil law, including family law.

Routledge Handbook of Family Law and Policy

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Publisher : Routledge
ISBN 13 : 1134447604
Total Pages : 581 pages
Book Rating : 4.1/5 (344 download)

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Book Synopsis Routledge Handbook of Family Law and Policy by : John Eekelaar

Download or read book Routledge Handbook of Family Law and Policy written by John Eekelaar and published by Routledge. This book was released on 2014-05-09 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: Changes in family structures, demographics, social attitudes and economic policies over the last sixty years have had a large impact on family lives and correspondingly on family law. This book provides global perspectives on the policy challenges facing family law and policy round the world. The chapters apply legal, sociological, demographic and social work research to explore the most significant issues that have been commanding the attention of family law policy-makers in recent years. Featuring contributions from a range of renowned global experts, the book draws on multiple jurisdictions and offers comparative analysis across a range of countries. The book addresses a range of issues including: the role of the state in supporting families and protecting the vulnerable children’s rights and parental authority sexual orientation and gender in family law the status of marriage and other forms of adult relationships divorce and separation and their consequences the relationship between civil law and the law of minority groups assisted conception movement of family members between jurisdictions This advanced level reference work will be essential reading for students, researchers and scholars of family law and social policy as well as policy makers in the field.

The Reform of Family Law in Europe

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Publisher : Deventer, Holland : Kluwer
ISBN 13 : 9789026808999
Total Pages : 349 pages
Book Rating : 4.8/5 (89 download)

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Book Synopsis The Reform of Family Law in Europe by : Alexander George Chloros

Download or read book The Reform of Family Law in Europe written by Alexander George Chloros and published by Deventer, Holland : Kluwer. This book was released on 1978-01-01 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: