Principles of European Family Law Regarding Property, Maintenance and Succession Rights of Couples in de Facto Unions PDF Download
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Author: Katharina Boele-Woelki
Publisher: European Family Law
ISBN: 9781780687889
Category : Common law marriage
Languages : en
Pages : 0
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Book Description
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.
Author: Katharina Boele-Woelki
Publisher: European Family Law
ISBN: 9781780687889
Category : Common law marriage
Languages : en
Pages : 0
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Book Description
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.
Author: A. Chloros
Publisher: Springer Science & Business Media
ISBN: 9401743843
Category : Law
Languages : en
Pages : 533
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Book Description
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.
Author: Katharina Boele-Woelki
Publisher: Intersentia nv
ISBN: 9050952879
Category : Domestic relations
Languages : en
Pages : 600
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Book Description
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.
Author: Katharina Boele-Woelki
Publisher: European Family Law
ISBN: 9781780688176
Category : Domestic relations
Languages : en
Pages : 0
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Book Description
This volume contains the contributions delivered at CEFL's sixth international conference, which focused on comparative and international family law in Europe in their respective cultural contexts. Inter alia in this book CEFL experts and other legal scholars address the CEFL and its Principles, the interrelation of family law and family sociology, family migration, childrens and womens fundamental rights, as well as the developing concept of parenthood, the role of children in family proceedings, extra-judicial divorces and ADR in family matters.While the development of modern trends in European family law is going on, some new challenges arise and old challenges remain. The awareness of more plurality and diversity in family relationships is increasing. Both pose problems. New legal solutions have to be integrated into the existing family law system. On the other hand, there are tensions between modern fundamental values and traditional religious solutions. For both a deeper analysis is necessary.The conference, and in turn the book, aims to enhance the exchange of ideas and arguments on comparative and international family law in Europe.
Author: Nigel V. Lowe
Publisher: Oxford University Press, USA
ISBN: 0199580405
Category : Law
Languages : en
Pages : 1237
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Book Description
'Bromley's Family Law' is a well-established and popular textbook with students and practitioners alike. This edition has been updated to take into account recent developments in family law.
Author: A. Chloros
Publisher: Springer
ISBN: 9789401743860
Category : Law
Languages : en
Pages : 349
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Book Description
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.
Author: Carl Stychin
Publisher: Hart Publishing
ISBN: 1841132675
Category : Law
Languages : en
Pages : 172
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Book Description
Governing Sexuality explores issues of sexual citizenship and law reform in the United Kingdom and Continental Europe today. Across western and eastern Europe,lesbians and gay men are increasingly making claims for equal status, grounded in the language of rights and citizenship, and using the language of international human rights and European law. This book uses same sex sexualities as a prism through which to explore broader questions of legal and political theory concerning democratic legitimacy; rights discourse; national sovereignty and identity; citizenship; transnationalism; and globalisation. Case studies are widely drawn: from New Labour's sexual politics in the UK to the decriminalisation of same-sex sexualities under pressure from the EU in Romania; to new civil solidarity laws in France.
Author: Caroline Sörgjerd
Publisher:
ISBN: 9781780680378
Category : Marriage
Languages : en
Pages : 0
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Book Description
This book explores the essence of the institution of marriage: what is the meaning of marriage today, how has marriage been influenced by the legal recognition of new cohabitation models, and what should be the role of the institution of marriage in the future? In order to understand what marriage actually is in the 21st century, it is necessary to identify and analyze the formalities and function of marriage in society. With a focus on Sweden, the book examines the historical development of marriage - beginning as a 'gift from God' and now being a gender-neutral institution - from a legal and political perspective and taking into account the past and present role of the Church of Sweden. The book then makes comparative assessments concerning the legal and political developments leading toward the adoption of gender-neutral marriage concepts in the Netherlands and Spain despite different societal backgrounds. In addition, the significance of the marital status under European Union law is explored, under the Charter of Fundamental Rights of the European Union and in the jurisprudence of the European Court of Justice. Also, the relevant decisions based on the European Convention of Human Rights, as interpreted by the European Court of Human Rights, are examined. The book discovers that the key role that the institution of marriage has played in the past still influences the essence of marriage today and charges it with a special symbolic value. (Series: European Family Law - Vol. 31)
Author: Jens M. Scherpe
Publisher: Edward Elgar Publishing
ISBN: 1785363050
Category : Law
Languages : en
Pages : 411
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Book Description
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
Author: Shazia Choudhry
Publisher: Bloomsbury Publishing
ISBN: 1847317448
Category : Law
Languages : en
Pages : 651
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Book Description
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.
