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Author: Family Law and Culture in Europe: Developments, Challenges and Opportunities (Conference) Publisher: ISBN: 9781780685274 Category : Conflict of laws Languages : en Pages : 360
Book Description
This volume contains the contributions delivered at CEFL's fifth international conference, which focused on comparative and international family law in Europe in their respective cultural contexts. Inter alia this book discusses the new Principles of European Family Law regarding Property Relations between Spouses, the proposed EU private international law regulations for international couples and their property relations, the national laws of a growing number of countries which legislate non-formalised relationships, and the new developments regarding social, biological and legal parentage
Author: Family Law and Culture in Europe: Developments, Challenges and Opportunities (Conference) Publisher: ISBN: 9781780685274 Category : Conflict of laws Languages : en Pages : 360
Book Description
This volume contains the contributions delivered at CEFL's fifth international conference, which focused on comparative and international family law in Europe in their respective cultural contexts. Inter alia this book discusses the new Principles of European Family Law regarding Property Relations between Spouses, the proposed EU private international law regulations for international couples and their property relations, the national laws of a growing number of countries which legislate non-formalised relationships, and the new developments regarding social, biological and legal parentage
Author: Katharina Boele-Woelki Publisher: ISBN: 9781780681597 Category : Conflict of laws Languages : en Pages : 0
Book Description
Proceedings of the fifth conference of the Commission on European Family Law on "Family Law and Culture in Europe: Developments, Challenges and Opportunities" held in Bonn, Germany in August of 2013.
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: Dr Prakash Shah Publisher: Ashgate Publishing, Ltd. ISBN: 1472433173 Category : Law Languages : en Pages : 260
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: Michael M. Sheehan Publisher: University of Toronto Press ISBN: 9780802081377 Category : History Languages : en Pages : 372
Book Description
A collection of essays by Michael Sheehan, whose work and interpretation on medieval property, marriage, family, sexuality, and law has insprired scholars for 40 years.
Author: Andrea Büchler Publisher: Routledge ISBN: 131711227X Category : Law Languages : en Pages : 168
Book Description
Cultural and religious identity and family law are inter-related in a number of ways and raise various complex issues. European legal systems have taken various approaches to meeting these challenges. This book examines this complexity and indicates areas in which conflicts may arise by analysing examples from legislation and court decisions in Germany, Switzerland, France, England and Spain. It includes questions of private international law, comments on the various degrees of consideration accorded to cultural identity within substantive family law, and remarks on models of legal pluralism and the dangers that go along with them. It concludes with an evaluation of approaches which are process-based rather than institution-based. The book will be of interest to legal professionals, family law students and scholars concerned with legal pluralism.
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: 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: M. V. Antokolʹskai︠a︡ Publisher: ISBN: 9789050956901 Category : Adoption Languages : en Pages : 0
Book Description
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.
Author: Katharina Boele-Woelki Publisher: European Family Law ISBN: 9781780688176 Category : Domestic relations Languages : en Pages : 0
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: Family Law and Culture in Europe: Developments, Challenges and Opportunities (Conference)
Author: Family Law and Culture in Europe: Developments, Challenges and Opportunities (Conference)
Author: Katharina Boele-Woelki
Author: M. V. Antokolʹskai︠a︡
Author: Dr Prakash Shah
Author: Michael M. Sheehan
Author: Andrea Büchler
Author: A. Chloros
Author: Katharina Boele-Woelki
Author: M. V. Antokolʹskai︠a︡
Author: Katharina Boele-Woelki