European Family Law Volume II

The Changing Concept of ‘Family’ and Challenges for Domestic Family Law

Author: Jens M. Scherpe

Publisher: Edward Elgar Publishing

ISBN: 1785363034

Category: LAW

Page: 416

View: 7889

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.
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International Family Law

An Introduction

Author: Professor Barbara Stark

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409493059

Category: Law

Page: 288

View: 9936

International law has become part of everyday family law practice, as lawyers everywhere are confronted with questions regarding the rights of 'mail-order' brides, the adoption of children from other countries, the abduction of children by foreign parents, and domestic violence victims seeking asylum. Indeed, globalization is transforming family law, even as families themselves are being redefined. This book provides a practical overview of such issues and also examines the ways in which culture shapes family law in different countries. It provides students with a useful introduction to challenging, complicated and fascinating issues in international family law. Finally, by incorporating a comparative perspective, it gives readers an opportunity to re-examine their own legal systems.
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Family Law

Author: Ruth Lamont

Publisher: Oxford University Press

ISBN: 0198749651

Category:

Page: 752

View: 9180

Written by a team of highly experienced teachers of family law, this innovative new textbook is a contextual, critical, and highly engaging guide to the subject. Each expert author has crafted a superbly clear guide to their particular area of expertise, which is structured around the key debates central to that topic. These debates are explored and discussed throughout the chapter, and students are thereby introduced to an enlightening range of perspectiveson the key issues. The social, economic, and political backdrop to each topic is also extensively discussed, to ensure that students' understanding is grounded in this essential context. Family Law is a fresh, modern, and unique guide to this dynamic subject.
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Families and Estates

A Comparative Study

Author: International Academy of Estate and Trust Law. Annual Conference

Publisher: Kluwer Law International B.V.

ISBN: 9041123784

Category: Law

Page: 289

View: 5242

This book focuses upon two themes: the definition of 'family' and the impact of the expansion of the concept of 'family' in law: and family fights over wills and estates - what recourse family members may have in challenging an estate. The first part, `The challenge of the "new family" for Law', considers the challenge both in the inter vivos and the postmortem contexts in the United States, Canada, France, the United Kingdom, Australia and New Zealand. A particular focus is upon the dramatic expansion of the definition of family from the traditional nuclear family consisting of a husband, wife and their mutual children to a definition that includes unmarried heterosexual and same sex couples living together and, in some jurisdictions to new kinds of companionate partnerships that are not based on a sexual relationship. In some jurisdictions such developments are simply an expression of sharing responsibility by allocating it in the private domain, as opposed to the public potentially through social welfare; in others, particularly in the United States, it is a defence of fundamental institutions and, with it, a defence of society itself. The second part, 'Family fights over wills and estates', examines the law in Australia, Switzerland, France, Mexico, and the United Kingdom. Its comparison of civil and common law approaches shows how the law expresses the same principle objects - protection of family and obligations towards key family members - but does so from entirely different perspectives; and where the common law which enshrined the notion of testamentary freedom is being qualified through the expanding domain of family provision legislation, the civil law which is based on codified shares and allocated responsibilities expressed through proportionate entitlements in estates, is being qualified through a range of disqualifying and varying mechanisms.
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Family and Succession Law in the USA

Author: Lynn D. Wardle,William C. Duncan,Laurence C. Nolan

Publisher: N.A

ISBN: 9789041167569

Category: Domestic relations

Page: 424

View: 5973

Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in the USA covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with the USA. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.
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Child Migration

International Family and Immigration Laws

Author: Kathryn Cronin,Jemma Dally

Publisher: Bloomsbury Professional

ISBN: 9781526502209

Category:

Page: 952

View: 2538

Child Migration: International Family and Immigration Laws serves to fill that need and gap for a practical text combining cross-disciplinary and jurisdictional issues of the interaction between immigration and family law in relation to the movement of children.Family and immigration law concern State and parental decisions directing children's placements, travel and the international movements of families. Parents or children in family law cases may be British or foreign nationals, permanent or temporary residents, over stayers, claimants for asylum or the victims of trafficking or of domestic violence in their home countries. These cases can involve vexed questions concerning jurisdiction, identity, parenthood and differing family customs and norms. In some cases the UK Border Agency, immigration appellate authorities and family courts are simultaneously engaged with the same family, determining questions associated with parental/child contact, care and protection or residence. In some cases the Secretary of State for the Home department will intervene in proceedings where a decision in the family court may bring an immigration benefit. This title is of relevance to lawyers dealing with stranded, separated, unaccompanied, adopted, surrogate born, abducted and migrant or refugee children need to know and understand the relevant family and immigration law options and implications. Children in such cases may be separated from their families or carers, may be being reunited with family members or being placed within the wider family.
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Routledge Handbook of Family Law and Policy

Author: John Eekelaar,Rob George

Publisher: Routledge

ISBN: 1134447604

Category: Law

Page: 458

View: 1363

Changes in family structures, demographics, social attitudes and economic policies over the last sixty years have had a large impact on family lives and correspondingly on family law. This book provides global perspectives on the policy challenges facing family law and policy round the world. The chapters apply legal, sociological, demographic and social work research to explore the most significant issues that have been commanding the attention of family law policy-makers in recent years. Featuring contributions from a range of renowned global experts, the book draws on multiple jurisdictions and offers comparative analysis across a range of countries. The book addresses a range of issues including: the role of the state in supporting families and protecting the vulnerable children’s rights and parental authority sexual orientation and gender in family law the status of marriage and other forms of adult relationships divorce and separation and their consequences the relationship between civil law and the law of minority groups assisted conception movement of family members between jurisdictions This advanced level reference work will be essential reading for students, researchers and scholars of family law and social policy as well as policy makers in the field.
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International Dimensions in Family Law

Author: John Murphy

Publisher: Manchester University Press

ISBN: 9780719068423

Category: Law

Page: 315

View: 3180

Offering a comprehensive and critical review of many important dimensions in English family law, this text offers a new approach to aspects of private international law, such as the recognition of foreign marriages and divorce and the conflicts rules governing financial relief on divorce, matrimonial property and succession.
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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: 844

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.
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The Europeanisation of International Family Law

Author: N. A. Baarsma

Publisher: Springer Science & Business Media

ISBN: 9789067047432

Category: Law

Page: 341

View: 2777

Choice of law determines which national legal system applies to an international case. Currently many choice of law rules in the field of family law are regulated by national law. However, these national rules of the EU Member States are more and more displaced by common European rules. This book describes the changes brought by the Europeanisation of the choice of law on divorce. From the conclusions drawn in the field of divorce the concluding chapter discusses the changes of Europeanisation of international family law in a broader perspective.
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Family and Succession Law in Japan

Author: Satoshi Minamikata

Publisher: Kluwer Law International

ISBN: 9789041194732

Category: Law

Page: 276

View: 3402

Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in Japan covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with Japan. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.
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Family and Succession Law in Argentina

Author: Marisa Herrera

Publisher: N.A

ISBN: 9789041161666

Category: Domestic relations

Page: 304

View: 6727

Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in Argentina covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with Argentina. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.
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Family and Succession Law in Mexico

Author: José Antonio Márquez González

Publisher: Kluwer Law International

ISBN: 9789041158864

Category: Law

Page: 152

View: 3833

Derived from the renowned multi-volume 'International Encyclopaedia of Laws', this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in Mexico covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice.0The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with Mexico. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.0.
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The Continuing Evolution of Family Law

Author: Gillian Douglas

Publisher: Jordans Pub

ISBN: 9781846611698

Category: Law

Page: 305

View: 6148

The Continuing Evolution of Family Law brings together the papers from two one-day conferences held at Cardiff Law School during the academic year 2007/08 to mark the 150th anniversary of the Matrimonial Causes Act 1857 and the 50th anniversary of Graveson and Crane's edited book, A Century of Family Law. The papers, delivered by leading scholars and practitioners, both reflect upon past developments in family law and look forward to the future, thereby providing an informed basis for understanding the continuing evolution of the law and policy in this area.
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Families and the European Union

Law, Politics and Pluralism

Author: Clare McGlynn

Publisher: Cambridge University Press

ISBN: 1139457373

Category: Law

Page: N.A

View: 8718

In the first book to offer a comprehensive analysis of family law in the European Union, McGlynn argues that a traditional concept of 'family' which has many adverse effects - on individuals, on families (in all their diverse forms), and indeed on the economic ambitions of the EU is forming the basis for the little-recognised and under-researched field of EU family law. This book examines three different aspects of family life - childhood, parenthood and partnerships - and critically analyses existing EU law in relation to each. It examines the emerging field of EU family law, providing a highly sceptical account of recent developments and a robust challenge to the arguments in favour of the codification of European civil law, including family law.
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