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Author: Jens M. Scherpe Publisher: Edward Elgar Publishing ISBN: 1785363077 Category : LAW Languages : en Pages : 192
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: Jens M. Scherpe Publisher: Edward Elgar Publishing ISBN: 1785363077 Category : LAW Languages : en Pages : 192
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: Carolyn Hamilton Publisher: Bloomsbury Professional ISBN: 9781845925307 Category : Law Languages : en Pages : 849
Book Description
"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. "
Author: Jens M. Scherpe Publisher: Edward Elgar Publishing ISBN: 1785363018 Category : LAW Languages : en Pages : 384
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: Katharina Boele-Woelki Publisher: Intersentia nv ISBN: 9050954758 Category : Custody of children Languages : en Pages : 394
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: 1785363050 Category : LAW Languages : en Pages : 416
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: M. V. Antokolʹskai︠a︡ Publisher: ISBN: 9789050955768 Category : Conflict of laws Languages : en Pages : 0
Book Description
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
Author: Jens M. Scherpe Publisher: ISBN: 9781785363009 Category : Domestic relations Languages : en Pages : 384
Book Description
This volume 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: Katharina Boele-Woelki Publisher: Intersentia nv ISBN: 905095426X Category : Conflict of laws Languages : en Pages : 182
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.
Author: A. Chloros Publisher: Springer Science & Business Media ISBN: 9401743843 Category : Law Languages : en Pages : 349
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: Jens M. Scherpe
Author: Jens M. Scherpe
Author: Carolyn Hamilton
Author: Jens M. Scherpe
Author: Katharina Boele-Woelki
Author: Jens M. Scherpe
Author: M. V. Antokolʹskai︠a︡
Author: Jens M. Scherpe
Author: Jacek Kurczewski
Author: Katharina Boele-Woelki
Author: A. Chloros