Common Core and Better Law in European Family Law

Author: Katharina Boele-Woelki

Publisher: Intersentia nv

ISBN: 9050954758

Category: Law

Page: 372

View: 5819

This volume contains twenty-three contributions delivered at the CEFLâ??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 CEFLâ??s working method.

Perspectives for the Unification and Harmonisation of Family Law in Europe

Author: Katharina Boele-Woelki

Publisher: Intersentia nv

ISBN: 9050952879

Category: Law

Page: 573

View: 7031

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.

European Family Law Volume III

Family Law in a European PerspectiveFamily Law in a European Perspective examines core aspects of family law from a comparative European perspective: marriage, divorce, cohabitation, same-sex relationships, the financial consequence of divorce, adoption, parentage and surrogacy, parental responsibility, the child’s welfare, and law concerning older people. These topics have been the most debated in family law over the past century. They cover areas where national family laws have reacted, or will need to react, to the challenges of societal changes, medical advances and institutional pressures - including decisions of the European Courts. The contributions show diversity in, as well as developments towards, a common 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

Page: 416

View: 8104

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

Lebendiges Familienrecht

Festschrift für Rainer Frank zum 70. Geburtstag am 14. Juli 2008

Author: Tobias Helms,Jens Martin Zeppernick

Publisher: Verlag für Standesamtswesen

ISBN: 3801957020

Category: Adoption

Page: 554

View: 6492


Responsible Parents and Parental Responsibility

Author: Rebecca Probert,Stephen Gilmore,Jonathan Herring

Publisher: Bloomsbury Publishing

ISBN: 1847315054

Category: Law

Page: 366

View: 4412

This book examines the idea of 'parental responsibility' in English law and what is expected of a responsible parent. The scope of 'parental responsibility', a key concept in family law, is undefined and often ambiguous. Yet, to date, more attention has been paid to how individuals acquire parental responsibility than to the question of the rights, powers, duties and responsibilities they have once they obtain it. This book redresses the balance by providing the first sustained examination of the different elements of parental responsibility, bringing together leading scholars to comment on specific aspects of its operation. The book begins by exploring the conceptual underpinnings of parental responsibility in the context of parents' and children's rights. The analysis highlights the inherent constraints and limitations of 'parental responsibility' and how its scope has deliberately been curtailed in certain contexts. The book then considers what parental responsibility allows and requires in specific areas, for example, naming a child, education, religious upbringing, medical treatment, corporal punishment, dealing with any contracts entered into or property owned by the child, representing the child in legal proceedings, consenting to a child's marriage or civil partnership and the law's response to the death of a child. In the final section, the idea of the 'responsible parent' is considered in the contexts of child support, contact, tort, and criminal law.

Reform des Unterhaltsrechts

Author: Volker Lipp,Eva Schumann,Barbara Veit

Publisher: Universitätsverlag Göttingen

ISBN: 3938616725

Category: Law in general. Comparative and uniform law. Jurisprudence

Page: 96

View: 8702

Dieser Band vereinigt die Referate des am 9. Oktober 2006 veranstalteten 5. Göttinger Workshops zum Familienrecht, der die anstehende Reform des Unterhaltsrechts zum Gegenstand hatte. Neben einem grundlegenden Beitrag zur Konzeption und den Zielen der Reform (Gerhard Hohloch) und einem rechtsvergleichenden Beitrag zum französischen Scheidungsfolgenrecht (Thomas Gergen) finden sich in dem Band jeweils zwei Beiträge zu den drei wichtigsten Regelungsanliegen der Unterhaltsrechtsreform, namentlich zur Stärkung der Eigenverantwortung, zum Betreuungsunterhalt nach § 1615l BGB und zur Neuordnung der Rangverhältnisse. Alle drei Bereiche werden nicht nur aus der Perspektive des Gesetzgebers vorgestellt (Martin Menne, derzeit Referent für Unterhaltsrecht im Bundesministerium der Justiz), sondern auch von ausgewiesenen Kennern der Materie aus Justiz (Gerd Brudermüller), Wissenschaft (Tobias Helms) und Anwaltschaft (Hans-Joachim Boers) kritisch gewürdigt.

Family, Religion and Law

Cultural Encounters in Europe

Author: Prakash Shah,Marie-Claire Foblets

Publisher: Routledge

ISBN: 1317136489

Category: Law

Page: 260

View: 1687

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.

Debates in Family Law Around the Globe at the Dawn of the 21st Century

Author: Katharina Boele-Woelki

Publisher: Intersentia Uitgevers N V

ISBN: 9789050958752

Category: Law

Page: 416

View: 1606

This volume contains articles on three areas of family law that, at the dawn of the 21st century, have provoked passionate discussion. The topics of concern include: (compulsory) arrangements regarding children, registration schemes for same-sex couples (new jurisdictions), and the effectiveness of the pater est rule. The book's contributions are preceded by two introductory articles. The historical introduction addresses the 'cultural constraints argument' which, according to a few legal scholars, prevents both spontaneous and deliberate harmonization of family law. Is family law indeed embedded in unique national (legal) culture? What lessons can be learned from the past? The methodological introduction proffers some general ideas as to how comparative family law is perceived and what it should entail whereby a comparison is made between more recent developments in Europe and the United States.

Principles of Family Law

Author: Judith M. Masson,Rebecca J. Bailey-Harris,Rebecca Probert,Stephen Michael Cretney

Publisher: N.A


Category: Domestic relations

Page: 917

View: 6358

As the leading textbook on this subject for the last 30 years, Cretney's Principles of Family Law: Provides discussions of legal principles combined with authoritative discussion of policy, practice issues and relevant empirical research Covers all main areas of family law including formal and informal relationships, as well as child law and financial and property matters Continues to be not just an explanation of the law as it stands, but an account of its historical background Includes an analysis of the factors underlying its development and a prompt to encourage discussion of the law's effectiveness in a contemporary society Discusses key policy developments including the Law Commission's work on cohabitation law reform; Civil Partnerships; Welfare to Work; Care Matters; and the Public Law Outline Updates the reader with the latest legislative developments including those resulting from: Civil Partnership Act 2004, Gender Recognition Act 2004, Domestic Violence, Crimes and Victims Act 2004, Children Act 2004 and the Forced Marriage (Civil Protection) Act 2007 Examines the Human Fertilisation and Embryology Bill; the Child Maintenance and Other Payments Bill and the Children and Young Persons Bill and the impact these will have on family law once enacted Has coverage of all significant case law including: Ghaidan v Godin-Mendoza, Miller v. Miller, McFarlane v. McFarlane, Charman v Charman, Oxley v Hiscock, Stack v. Dowden, Re G, and Wilkinson v Kitzinger

Law & Religion in the 21st Century

Nordic Perspectives

Author: Lisbet Christoffersen,Kjell Å Modéer,Svend Andersen

Publisher: Djoef Pub


Category: History

Page: 638

View: 1246

Caspar David Friedrich's painting on the cover of this book is a metaphor: Scholarly relations between law & religion seemed to be destroyed through modernity. The book however argues for new life in the ruins. Europeanized and globalized perspectives must be adopted to adjust existing Nordic models. However, central elements from the Nordic models can also be used for adjustment of other legal and religious systems. Also outside the Nordic countries could it be worth reflecting on the model of public religions combined with the secularity of law. Law indeed is law, and law is secular. But how come the Nordic secularized countries still have established churches, regulated by public law? Why is a vast majority of the population members of these churches? Why are other religious communities seen as entirely private law entities even though they are more or less public in their presence? And which impact do religious and secular norms claim on the law within and outside religious communities? Such puzzling---and challenging---questions are in focus of this book. Nordic interdisciplinary critical scholarship suggests new ways of interpreting and explaining relations between religious and secular norms and point to possible new routes to follow in the 21st century.

Opening up European law

the Common Core Project towards Eastern and South Eastern Europe

Author: Mauro Bussani,Ugo Mattei

Publisher: Sellier European Law Pub

ISBN: 9783866530225

Category: Law

Page: 283

View: 6538


Der nacheheliche Unterhalt : Grundlagen und Ausgestaltung im deutschen Unterhaltsrecht und in den Prinzipien der Commission on European Family Law (CEFL)

Author: Philipp Beuermann

Publisher: Intersentia Uitgevers N V

ISBN: 9781780681702

Category: Law

Page: 374

View: 6908

Die Grundlagen des nachehelichen Unterhalts stellen sowohl dogmatisch als auch rechtspolitisch ein Kernproblem des Familienrechts dar und haben zugleich erhebliche Bedeutung fur die Auslegung und praktische Anwendung des Unterhaltsrechts. Angesichts der Bedeutung dieser Fragen uberrascht es nicht, dass sie in Deutschland immer wieder neu gestellt und diskutiert worden sind. Weitaus weniger Aufmerksamkeit gefunden hat in Deutschland bisher die europaische Diskussion, insbesondere die Vorschlage der Commission on European Family Law (CEFL) fur die Ausgestaltung des nachehelichen Unterhalts. Diese Lucke schliesst die vorliegende Arbeit.

The Enigma of Comparative Law

Variations on a Theme for the Twenty-first Century

Author: E. Örücü

Publisher: Brill Academic Pub

ISBN: 9789004139893

Category: Law

Page: 242

View: 323

Viewing the contested theme Comparative Law as an 'Enigma', this book explores its fundamental issues as sub-themes, each covered in two variations. After the Overture, the author pulls some strands together in the Intermezzo, uses a free hand in the Cadenza, and asks the reader to draw her own conclusions in the Finale. By this method two fundamentally opposed views are exposed in each Chapter. The what, why and how of comparative law, comparative law and legal education, comparative law and judges, and comparative law and law reform by transposition are explored. The author also examines current debates of comparative law such as law and culture, deconstruction of classifications, mixing systems, limits of comparability, convergence/non-convergence and ius commune novum. By following this two-pronged approach, the book covers many important aspects of comparative law in a refreshing manner not seen in any other work. It is provocative and discursive, bringing together for the reader major developments of comparative law. The book ends by asking 'Where are we going?'.

Comparative Law

A Handbook

Author: Esin �rücü,David Nelken

Publisher: Bloomsbury Publishing

ISBN: 1847316980

Category: Law

Page: 480

View: 423

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 �rücü, 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.

The Central and East European Population Since 1850

Author: Franz Rothenbacher

Publisher: Societies of Europe


Category: Education

Page: 1491

View: 6104

The Central and East European Population since 1850 is the third volume in the European Population series, providing the most comprehensive statistical data available on Central and East European demography. It is a comparative and historical data handbook, presenting series data on demographic developments, population and household structures for the countries of Central and East Europe. All major fields of demographic change are covered: fertility, mortality, marriage and divorce. Population figures are given for each population census by sex, civil status and age. Major demographic developments with the family are described providing commentary on the main population structures and trends in Europe since the 19th century.

An Academic Green Paper on European Contract Law

Author: Stefan Grundmann,Julien Stuyck

Publisher: N.A


Category: Law

Page: 432

View: 1039

The Contract is the core tool of governance in a free market economy. An EU Contract Law Code is now on the political agenda because all three legislative bodies in the EU and most member states favour it in principle. In its communication of July 2001, the Commission proposed three major options: to enhance the existing EC Contract Law by eliminating inconsistencies; introducing a European Code which substitutes national laws; and introducing a European code which only supplements national laws. This book achieves three things: For the first time, European academia is discussing these three options in an extensive and systematic way with pros and cons, in a transparent and systematic way, along broad lines and often also important details. The book contains the views of all protagonists from all those who really drafted the models to all those who illustrated the potential of decentralized rule-making and invented the very idea of an Optional Code. This is the first book in which the optional Code, which is the alternative most likely to come, is thoroughly analysed at all. This work also contains a full map of design possibilities. It is the executive summary of what European academia thinks of the future of European Contract Law and a European Code. It is the Academic Green Paper on European Contract Law.