Juxtaposing Legal Systems and the Principles of European Family Law on Divorce and Maintenance PDF Download

Author: E. Örücü
Publisher:
ISBN: 9789050955775
Category : Comparative law
Languages : en
Pages : 0

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Book Description
This edited volume seeks to test the Principles of European Family Law Regarding Divorce and Maintenance Between Former Spouses in a range of legal systems, Malta, Estonia, Lithuania and Turkey; and in so doing to assess these legal systems in view of the Principles, and the Principles in view of these legal systems.

Author: E. Örücü
Publisher:
ISBN: 9789050959797
Category : Children
Languages : en
Pages : 0

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Book Description
This edited volume tests the Principles of European Family Law on Parental Responsibilities in a range of legal systems, and in so doing assesses these legal systems in view of the Principles, and the Principles in view of these legal systems.

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.

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: Barbara Stark
Publisher: Routledge
ISBN: 1317043111
Category : Law
Languages : en
Pages : 422

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Book Description
Globalisation, and the vast migrations of capital and labour that have accompanied it in recent decades, has transformed family law in once unimaginable ways. Families have been torn apart and new families have been created. Borders have become more porous, allowing adoptees and mail order brides to join new families and women fleeing domestic violence to escape from old ones. People of different nationalities marry, have children, and divorce, not necessarily in that order. They file suits in their respective home states or third states, demanding support, custody, and property. Otherwise law-abiding parents risk jail in desperate efforts to abduct their own children from foreign ex-spouses. The aim of this Handbook is to provide scholars, postgraduate students, judges, and practioners with a broad but authoritative review of current research in the area of International Family Law. The contributors reflect on a range of jurisdictions and legal traditions and their approaches vary. Each chapter has a distinct subject matter and was written by an author who was invited because of his or her expertise on that subject. This volume provides a valuable contribution to emerging understandings of the subject.

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: Edward Elgar Publishing
ISBN: 1785363034
Category : LAW
Languages : en
Pages : 416

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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: 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: Marsha Garrison
Publisher: Cambridge University Press
ISBN: 1107018277
Category : Family & Relationships
Languages : en
Pages : 361

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Book Description
The institution of marriage is at a crossroads. Across most of the industrialized world, unmarried cohabitation and nonmarital births have skyrocketed while marriage rates are at record lows. These trends mask a new, idealized vision of marriage as a marker of success as well as a growing class divide in childbearing behavior: the children of better educated, wealthier individuals continue to be born into relatively stable marital unions while the children of less educated, poorer individuals are increasingly born and raised in more fragile, nonmarital households. The interdisciplinary approach offered by this edited volume provides tools to inform the debate and to assist policy makers in resolving questions about marriage at a critical juncture. Drawing on the expertise of social scientists and legal scholars, the book will be a key text for anyone who seeks to understand marriage as a social institution and to evaluate proposals for marriage reform.

Author:
Publisher: Martinus Nijhoff Publishers
ISBN: 9004186832
Category : Law
Languages : en
Pages : 289

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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.