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Common Core and Better Law in European Family Law

Common Core and Better Law in European Family Law
Author: Katharina Boele-Woelki
Publisher: Intersentia nv
Total Pages: 394
Release: 2005
Genre: Custody of children
ISBN: 9050954758

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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.


The Present and Future of European Family Law

The Present and Future of European Family Law
Author: Jens M. Scherpe
Publisher: Edward Elgar Publishing
Total Pages: 181
Release: 2016-01-29
Genre: Law
ISBN: 1785363077

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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.


Perspectives for the Unification and Harmonisation of Family Law in Europe

Perspectives for the Unification and Harmonisation of Family Law in Europe
Author: Katharina Boele-Woelki
Publisher: Intersentia nv
Total Pages: 600
Release: 2003
Genre: Domestic relations
ISBN: 9050952879

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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.


European Family Law Volume III

European Family Law Volume III
Author: Jens M. Scherpe
Publisher: Edward Elgar Publishing
Total Pages: 411
Release: 2016-01-29
Genre: Law
ISBN: 1785363050

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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


European Family Law Volume I

European Family Law Volume I
Author: Jens M. Scherpe
Publisher: Edward Elgar Publishing
Total Pages: 373
Release: 2016-01-29
Genre: Law
ISBN: 1785363018

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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.


European Family Law

European Family Law
Author: Jens M. Scherpe
Publisher:
Total Pages:
Release: 2016
Genre: Domestic relations
ISBN: 9781785362989

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European Family Law Volume II

European Family Law Volume II
Author: Jens M. Scherpe
Publisher: Edward Elgar Publishing
Total Pages: 417
Release: 2016-01-29
Genre: Law
ISBN: 1785363034

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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.


Family Law in the World Community

Family Law in the World Community
Author: D. Marianne Brower Blair
Publisher:
Total Pages: 968
Release: 2009
Genre: Domestic relations
ISBN:

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The second edition of this casebook has been updated and trimmed, although it retains a wide range of topics and materials. It covers a variety of private international law issues, including child abduction, child custody, adoption, child support enforcement, and recognition of marriages and divorces. The book also explores the impact of public international law on both domestic and international regulation of the family, using topics such as family violence and the rights of the child. Finally, the book uses comparative law materials to examine traditional family law topics, such as the regulation of marriage, the rights of same-sex couples, adoption, reproductive freedom, and more.


Harmonisation of Family Law in Europe

Harmonisation of Family Law in Europe
Author: M. V. Antokolʹskai︠a︡
Publisher:
Total Pages: 0
Release: 2006
Genre: Conflict of laws
ISBN: 9789050955768

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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


European Family Law in Action

European Family Law in Action
Author: Katharina Boele-Woelki
Publisher: Intersentia nv
Total Pages: 840
Release: 2003
Genre: Law
ISBN: 905095443X

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This volume contains detailed information concerning the law on parental responsibilities in twenty-two European jurisdictions. The expert members of the CEFL have drafted national reports on the basis of a detailed questionnaire. These national reports, together with the relevant legal provisions, are available on CEFL's web site (www.law.uu.nl/priv/cefl). This book integrates all the given answers in order to provide an overview and a straightforward simultaneous comparison of the different solutions chosen within the national systems. On the basis of this reliable and comprehensive comparative material the CEFL will be able to draft Principles of European Family Law regarding Parental Responsibilities.