Harmonisation Of Family Law In Europe

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Harmonisation of Family Law in Europe

Author : M. V. Antokolʹskai︠a︡
Publisher : Unknown
Page : 0 pages
File Size : 46,9 Mb
Release : 2006
Category : Conflict of laws
ISBN : 9050955762

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Harmonisation of Family Law in Europe by M. V. Antokolʹskai︠a︡ Pdf

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

Perspectives for the Unification and Harmonisation of Family Law in Europe

Author : Katharina Boele-Woelki
Publisher : Intersentia nv
Page : 600 pages
File Size : 45,8 Mb
Release : 2003
Category : Domestic relations
ISBN : 9789050952873

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Perspectives for the Unification and Harmonisation of Family Law in Europe by Katharina Boele-Woelki Pdf

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.

Common Core and Better Law in European Family Law

Author : Katharina Boele-Woelki
Publisher : Intersentia nv
Page : 394 pages
File Size : 53,8 Mb
Release : 2005
Category : Custody of children
ISBN : 9789050954754

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Common Core and Better Law in European Family Law by Katharina Boele-Woelki Pdf

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.

Convergence and Divergence of Family Law in Europe

Author : M. V. Antokolʹskai︠a︡
Publisher : Unknown
Page : 0 pages
File Size : 40,5 Mb
Release : 2007
Category : Adoption
ISBN : 9050956904

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Convergence and Divergence of Family Law in Europe by M. V. Antokolʹskai︠a︡ Pdf

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.

Principles of European Family Law Regarding Property, Maintenance and Succession Rights of Couples in de Facto Unions

Author : Katharina Boele-Woelki,Frédérique Ferrand,Cristina González Beilfuss,Maarit Jänterä-Jareborg,Nigel Lowe,Dieter Martiny,Velina Todorova
Publisher : European Family Law
Page : 0 pages
File Size : 42,5 Mb
Release : 2019
Category : Common law marriage
ISBN : 1780687885

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Principles of European Family Law Regarding Property, Maintenance and Succession Rights of Couples in de Facto Unions by Katharina Boele-Woelki,Frédérique Ferrand,Cristina González Beilfuss,Maarit Jänterä-Jareborg,Nigel Lowe,Dieter Martiny,Velina Todorova Pdf

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.

Plurality and Diversity of Family Relations in Europe

Author : Katharina Boele-Woelki,Dieter Martiny
Publisher : European Family Law
Page : 0 pages
File Size : 49,6 Mb
Release : 2019
Category : Domestic relations
ISBN : 1780688172

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Plurality and Diversity of Family Relations in Europe by Katharina Boele-Woelki,Dieter Martiny Pdf

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.

Principles of European Family Law Regarding Divorce and Maintenance Between Former Spouses

Author : Katharina Boele-Woelki
Publisher : Intersentia nv
Page : 182 pages
File Size : 50,8 Mb
Release : 2004
Category : Conflict of laws
ISBN : 9789050954266

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Principles of European Family Law Regarding Divorce and Maintenance Between Former Spouses by Katharina Boele-Woelki Pdf

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.

The Present and Future of European Family Law

Author : Jens M. Scherpe
Publisher : Edward Elgar Publishing
Page : 192 pages
File Size : 55,5 Mb
Release : 2016-01-29
Category : LAW
ISBN : 9781785363078

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The Present and Future of European Family Law by Jens M. Scherpe Pdf

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.

Principles of European Family Law Regarding Property Relations Between Spouses

Author : Katharina Boele-Woelki,Frédérique Ferrand,Cristina González Beilfuss,Maarit Jänterä-Jareborg,Nigel V. Lowe,Dieter Martiny,Walter Pintens
Publisher : Unknown
Page : 0 pages
File Size : 48,8 Mb
Release : 2013
Category : Divorce
ISBN : 1780681526

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Principles of European Family Law Regarding Property Relations Between Spouses by Katharina Boele-Woelki,Frédérique Ferrand,Cristina González Beilfuss,Maarit Jänterä-Jareborg,Nigel V. Lowe,Dieter Martiny,Walter Pintens Pdf

The Principles of European Family Law - drafted by the Commission on European Family Law (CEFL) - contain models which may be used for the harmonization of family law in Europe. This book contains the Principles regarding property relations between spouses. In these Principles, the CEFL has developed an all-inclusive set of rules for two matrimonial property regimes: the participation in acquisitions and the community of acquisitions. Both regimes have been put on an equal footing. Each matrimonial property regime, whether it functions as a default or as an optional regime, is strongly connected with the rights and duties of the spouses and the possibility for them to make a marital property agreement. These issues have also been addressed by including two common chapters on the general rights and duties of spouses and on marital property agreements, which are to be applied regardless of which of the regimes applies. (Series: European Family Law - Vol. 33)

Shared Physical Custody

Author : Laura Bernardi,Dimitri Mortelmans
Publisher : Springer Nature
Page : 328 pages
File Size : 54,6 Mb
Release : 2021-07-07
Category : Social Science
ISBN : 9783030684792

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Shared Physical Custody by Laura Bernardi,Dimitri Mortelmans Pdf

This open access book provides an overview of the ever-growing phenomenon of children in shared physical custody thereby providing legal, psychological, family sociological and demographical insights. It describes how, despite the long evolution of broken families, only the last decade has seen a radical shift in custody arrangements for children in divorced families and the gender revolution in parenting which is taking place. The chapters have a national or cross-national perspective and address topics like prevalence and types of shared physical custody, legal frames regulating custody arrangements, stability and changes in arrangements across the life course of children, socio‐economic, psychological, social well-being of various family members involved in different custody arrangements. With the book being an interdisciplinary collaboration, it is interesting read for social scientists in demography, sociology, psychology, law and policy makers with an interest family studies and custody arrangements.

Family Law in Europe

Author : Carolyn Hamilton,Alison Perry
Publisher : Bloomsbury Professional
Page : 849 pages
File Size : 47,8 Mb
Release : 2002-12
Category : Law
ISBN : 1845925300

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Family Law in Europe by Carolyn Hamilton,Alison Perry Pdf

"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. "

Regional Private Laws and Codification in Europe

Author : Hector L. MacQueen,Antoni Vaquer,Santiago Espiau Espiau
Publisher : Cambridge University Press
Page : 335 pages
File Size : 53,8 Mb
Release : 2003-10-16
Category : Law
ISBN : 9781139438780

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Regional Private Laws and Codification in Europe by Hector L. MacQueen,Antoni Vaquer,Santiago Espiau Espiau Pdf

Regions within European Union member states (such as Scotland in the UK and Catalonia in Spain) have their own legal systems: how will the process of 'Europeanization' affect them? This volume examines the phenomenon of 'regional' private law in the European Union, considering jurisdictions and laws below those of the member states and drawing comparisons with other such jurisdictions elsewhere in the world, such as Louisiana and Quebec. The whole is considered in relation to the development of European private law, and the use of codification in that process. This volume will be of interest to academic lawyers worldwide, advanced law students and European policy-makers.

European Family Law in Action

Author : Katharina Boele-Woelki,Bente Braat,Ian Sumner
Publisher : Intersentia nv
Page : 840 pages
File Size : 45,6 Mb
Release : 2003
Category : Law
ISBN : 9789050954433

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European Family Law in Action by Katharina Boele-Woelki,Bente Braat,Ian Sumner Pdf

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.

Beyond Minimum Harmonisation

Author : Lorenzo Squintani
Publisher : Cambridge University Press
Page : 299 pages
File Size : 47,5 Mb
Release : 2019-05-23
Category : Law
ISBN : 9781108481007

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Beyond Minimum Harmonisation by Lorenzo Squintani Pdf

This book explains the functioning of shared competences in environmental protection by focusing on member states' interaction with the EU framework. By studying this interaction, Squintani reveals room for improving the level of environmental protection, legal certainty, and efficiency of the system for environmental protection envisaged under the EU Treaties. Accordingly, this book makes a contribution to EU environmental law and policy, but also should be of interest to constitutional lawyers more generally and to scholars working in any field of EU policy and law in which minimum harmonisation is used. Thanks to its focus and clear, accessible prose, this book is also valuable additional reading material for environmental law courses, and to those involved in decision-making in the EU.

European Family Law Volume III

Author : Jens M. Scherpe
Publisher : Edward Elgar Publishing
Page : 416 pages
File Size : 40,6 Mb
Release : 2016-01-29
Category : LAW
ISBN : 9781785363054

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European Family Law Volume III by Jens M. Scherpe Pdf

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