Common Core and Better Law in European Family Law PDF Download

Author: Katharina Boele-Woelki
Publisher: Intersentia nv
ISBN: 9050954758
Category : Custody of children
Languages : en
Pages : 394

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Book Description
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.

Author: Jens M. Scherpe
Publisher: Edward Elgar Publishing
ISBN: 1785363077
Category : LAW
Languages : en
Pages : 192

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Book Description
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.

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: Jens M. Scherpe
Publisher: Edward Elgar Publishing
ISBN: 1785363050
Category : LAW
Languages : en
Pages : 416

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Book Description
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

Author: Jens M. Scherpe
Publisher: Edward Elgar Publishing
ISBN: 1785363018
Category : LAW
Languages : en
Pages : 384

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Book Description
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.

Author: Jens M. Scherpe
Publisher:
ISBN: 9781785362989
Category : Domestic relations
Languages : en
Pages :

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Book Description

Author: Christina González Beilfuss
Publisher:
ISBN: 9781839704109
Category : Law
Languages : en
Pages : 0

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Book Description
Based on national reports by family law experts from more than 20 European jurisdictions, The Principles of European Family Law Revisited provides an insight into recent developments in family law in Europe in the areas of divorce, maintenance between former spouses, parental responsibilities, property relations between spouses and de facto unions. This book presents a comparative analysis between these developments and the five sets of Principles that the Commission of European Family Law has established in these areas over the last 20 years. The Principles of European Family Law Revisited contains a wealth of information for comparative family lawyers in academia or practice, with the comparative charts in particular providing a useful reference for comparative research. Additionally, in a move that marks a historical first in legal publishing, this book reproduces all the CEFL Principles in one collective volume.

Author: Esin Örücü
Publisher: Bloomsbury Publishing
ISBN: 1847316980
Category : Law
Languages : en
Pages : 480

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Book Description
This innovative, refreshing, and reader-friendly book is aimed at enabling students to familiarise themselves with the challenges and controversies found in comparative law. At present there is no book which clearly explains the contemporary debates and methodological innovations found in modern comparative law. This book fills that gap in teaching at undergraduate level, and for postgraduates will be a starting point for further reading and discussion. Among the topics covered are: globalisation, legal culture, comparative law and diversity, economic approaches, competition between legal systems, legal families and mixed systems, comparative law beyond Europe, convergence and a new ius commune, comparative commercial law, comparative family law, the 'common core' and the 'better law' approaches, comparative administrative law, comparative studies in constitutional contexts, comparative law for international criminal justice, judicial comparativism in human rights, comparative law in law reform, comparative law in courts and a comparative law research project. The individual chapters can also be read as stand-alone contributions and are written by experts such as Masha Antokolskaia, John Bell, Roger Cotterell, Sjef van Erp, Nicholas Foster, Patrick Glenn, Andrew Harding, Peter Leyland, Christopher McCrudden, Werner Menski, David Nelken, Anthony Ogus, Esin Örücü, Paul Roberts, Jan Smits and William Twining. Each chapter begins with a description of key concepts and includes questions for discussion and reading lists to aid further study. Traditional topics of private law, such as contracts, obligations and unjustified enrichment are omitted as they are amply covered in other comparative law books, but developments in other areas of private law, such as family law, are included as being of current interest.

Author: Prakash Shah
Publisher: Routledge
ISBN: 1317136489
Category : Law
Languages : en
Pages : 260

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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: Katharina Boele-Woelki
Publisher: Intersentia nv
ISBN: 905095426X
Category : Conflict of laws
Languages : en
Pages : 182

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Book Description
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.