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Author: Katharina Boele-Woelki
Publisher: Intersentia NV
ISBN:
Category : Law
Languages : en
Pages : 440
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Book Description
This volume contains articles on three areas of family law that, at the dawn of the 21st century, have provoked passionate discussion. The topics of concern include: (compulsory) arrangements regarding children, registration schemes for same-sex couples (
Author: Katharina Boele-Woelki
Publisher: Intersentia NV
ISBN:
Category : Law
Languages : en
Pages : 440
Get Book Here
Book Description
This volume contains articles on three areas of family law that, at the dawn of the 21st century, have provoked passionate discussion. The topics of concern include: (compulsory) arrangements regarding children, registration schemes for same-sex couples (
Author: Daphna Hacker
Publisher: Cambridge University Press
ISBN: 1108210937
Category : Law
Languages : en
Pages : 397
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Book Description
Providing a panoramic and interdisciplinary perspective, this book explores the interrelations between globalization, borders, families and the law. It considers the role of international, multi-national and religious laws in shaping the lives of the millions of families that are affected by the opportunities and challenges created by globalization, and the ongoing resilience of national borders and cultural boundaries. Examining familial life-span stages - establishing spousal relations, raising children and being cared for in old age - Hacker demonstrates the fruitfulness in studying families beyond the borders of national family law, and highlights the relevance of immigration and citizenship law, public and private international law and other branches of law. This book provides a rich empirical description of families in our era. It is relevant not only to legal scholars and practitioners but also to scholars and students within the sociology of the family, globalization studies, border studies, immigration studies and gender studies.
Author: Katharina Boele-Woelki
Publisher: BRILL
ISBN: 9004249958
Category : Law
Languages : en
Pages : 288
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Book Description
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.
Author: Andrea Bonomi
Publisher: Walter de Gruyter
ISBN: 3866539177
Category : Law
Languages : en
Pages : 649
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Book Description
The current rich volume of the Yearbook attempts to strike a balance in the multifaceted expressions of the increasing importance of private international law at national and supranational levels. The vitality of private international law within the European Union is evidenced by both legislative projects and the rich case law of the European Court of Justice. While the European Commission's draft for a Regulation on succession - which probably constitutes the most detailed and ambitious attempt ever to codify PIL in this area - begins its legislative process, a new initiative on the application of foreign law is being considered by the European institutions. Both of these developments are discussed in the Doctrine section. But the newest Yearbook of PIL also examines interesting developments taking place on other continents. For example, the present volume includes a special section focusing on Chinese PIL and reports on the renewed interest with conflict of laws in the U.S. doctrine.
Author: N. A. Baarsma
Publisher: Springer Science & Business Media
ISBN: 9067047430
Category : Law
Languages : en
Pages : 348
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Book Description
Choice of law determines which national legal system applies to an international case. Currently many choice of law rules in the field of family law are regulated by national law. However, these national rules of the EU Member States are more and more displaced by common European rules. This book describes the changes brought by the Europeanisation of the choice of law on divorce. From the conclusions drawn in the field of divorce the concluding chapter discusses the changes of Europeanisation of international family law in a broader perspective.
Author: Jens M. Scherpe
Publisher: Edward Elgar Publishing
ISBN: 1785363034
Category : Law
Languages : en
Pages : 417
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Book Description
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.
Author: Prakash Shah
Publisher: Routledge
ISBN: 1317136470
Category : Law
Languages : en
Pages : 372
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Book Description
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: Dawn Coppock
Publisher:
ISBN:
Category : Custody of children
Languages : en
Pages : 114
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Book Description
Author: John Witte, Jr.
Publisher: BRILL
ISBN: 9004528601
Category : Law
Languages : en
Pages : 91
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Book Description
This book combines Christian theology, Enlightenment liberalism, and modern social science to defend the marital family as an essential institution for adults and children, regardless of sexual orientation. John Witte presents the marital family as an integrated sphere with natural, social, economic, communicative, contractual, and spiritual dimensions. He rejects modern efforts to abolish the legal category of marriage or to reduce it to a transient and malleable sexual contract. While celebrating the sexual liberty of consensual adults, Witte calls for stable marital families and responsible sex and parentage as the surest and safest path to private flourishing and social stability for all.
Author: John Witte, Jr.
Publisher: Cambridge University Press
ISBN: 1107184754
Category : Law
Languages : en
Pages : 457
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Book Description
Presents a robust defence of the essential place of stable marital families in modern liberal societies.
