The Europeanisation of International Family Law

Author: N. A. Baarsma

Publisher: Springer Science & Business Media

ISBN: 9789067047432

Category: Law

Page: 341

View: 3755

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.

Ehescheidung mit Auslandsbezug in der Europäischen Union

Die Rom III-Verordnung als Kernstück eines einheitlichen europäischen Scheidungskollisionsrechts

Author: Claudia Raupach

Publisher: Mohr Siebeck

ISBN: 9783161536038

Category: Law

Page: 348

View: 5219

Mit der Rom III-Verordnung, durch die sich mehrere EU-Mitgliedsstaaten im Wege der Verstärkten Zusammenarbeit auf einheitliche Kollisionsnormen für die Ehescheidung verständigt haben, hat die Europäische Union erstmalig für eine zentrale familienrechtliche Frage eigenständige europäische Kollisionsregeln entwickelt. Aus diesem Anlass untersucht Claudia Raupach das Scheidungskollisionsrecht in der Europäischen Union, wie es sich nach Inkrafttreten der Verordnung darstellt. Dabei unterzieht sie nicht nur die neugeschaffene Verordnung einer tiefgreifenden und detaillierten Analyse und Bewertung, sondern nimmt auch die einschlägigen Kollisionsnormen der nichtteilnehmenden Mitgliedstaaten sowie die Gründe für deren Nichtteilnahme in den Blick. Auf diese Weise gelingt es ihr, neben den inhaltlichen Vorzügen und Problemen der Verordnung auch Gemeinsamkeiten und Kompromissmöglichkeiten mit den nichtteilnehmenden Mitgliedstaaten zu beleuchten und Wege zur Weiterentwicklung des europäischen internationalen Familienrechts aufzuzeigen.

European Family Law Volume I

The Impact of Institutions and Organisations on European Family Law

Author: Jens M. Scherpe

Publisher: Edward Elgar Publishing

ISBN: 1785363018

Category: LAW

Page: 384

View: 1272

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.

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: 2574

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.

Conflict of Laws

Author: Maebh Harding

Publisher: Routledge

ISBN: 1134594259

Category: Law

Page: 312

View: 2731

Conflict of Laws provides a straight-forward and accessible introduction to English private international law. It examines the jurisdiction of English courts (and whether their judgments are enforced and recognized overseas) and the effect of foreign judgments in England. Recent years have seen an increased ‘Europeanization’ of English Law which has transformed the subject and this fifth edition takes into account key recent developments and regulations including proposed changes to Brussels I, Rome II, The Maintenance Regulation, Rome III, the proposed Rome IV and the proposed Succession Regulation. Harding provides students with a clear understanding using pedagogic methods such as; Key Issues checklists at the start of every chapter to help track important points for further study Figures are used to aid understanding through visual learning Further Reading is included at the end of every chapter to enourage and support additional study Further developments addressed in the fifth edition include: • The use of common law doctrines in EU cases such as West Tankers. • The EU imperative for family relationships to be recognized across the EU in the context of citizen’s rights. • Civil Partnerships and recognition of same sex partnership. • Rome III, Rome IV and the distinction between maintenance and matrimonial property. • Adoption, Parental Responsibility and International Child Abduction • Surrogacy and Assisted Reproduction Conflict of Laws is an ideal choice for undergraduate and postgraduate students seeking a comprehensive yet accessible introduction to private international law.

International Dimensions in Family Law

Author: John Murphy

Publisher: Manchester University Press

ISBN: 9780719068423

Category: Law

Page: 315

View: 9037

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.

European Land Law

Author: Peter Sparkes

Publisher: Bloomsbury Publishing

ISBN: 1847313957

Category: Law

Page: 634

View: 8055

In his remarkable, path-breaking new book, Peter Sparkes takes stock of the development of a distinctive body of European land law, taking as his starting point the idea that methods of land-holding permitted by a legal system both shape and reflect the attitudes of the land owners and society in general. However it quickly becomes very difficult to test that idea when the society in question is governed by an internal market composed of 30 countries (the EU-27, including Bulgaria and Romania, and the EEA-3), whose property systems differ so markedly and which reflect such widely differing cultures. Yet the internal market has already effected a gradual equalisation and standardisation across Europe as foreign capital spreads to create equality of yield. "We all become better off by joining a larger trading block but the social consequences will be profound: Brits will need to emigrate to the continent to afford a home, Bulgarians will need to make way for them along the Black Sea coast, and title deeds will be reshuffled all over Europe on a giant Monopoly board" writes the author in his preface, before embarking on a dispassionate examination of the beginning of that process of profound change. The opening chapters are devoted to an explanation of how the internal market has created a substantive European land law. Chapter 3 examines the rise of a distinctive European land law, and the development of conflicts principles applying to recovery of land. Chapters 5 to 9 on the marketing and sale of land focus upon Community competence on consumer protection. The decision to treat land as a product like any other in the Unfair Commercial Practices Directive will have wide ranging and far reaching implications and, apart from marketing of land and of timeshares, other chapters deal with conveyancing, contracting and the emerging market in mortgage credit. The book concludes with a miscellany of conflicts rules which are gradually coalescing and form the elements from which a substantive European land law can be forged. A number of topics which it is not possible to cover in detail (VAT, other taxes, environmental controls and agriculture) are touched on briefly, and the same is true of international aspects of trusts and succession.

The Europeanisation of English Tort Law

Author: Paula Giliker

Publisher: Bloomsbury Publishing

ISBN: 1782253793

Category: Law

Page: 262

View: 7514

Tort law is often regarded as the clearest example of traditional common law reasoning. Yet, in the past 40 years, the common law of England and Wales has been subject to European influences as a result of the introduction of the European Communities Act 1972 and, more recently, the implementation of the Human Rights Act 1998 in October 2000. EU Directives have led to changes to the law relating to product liability, health and safety in the workplace, and defamation, while Francovich liability introduces a new tort imposing State liability for breach of EU law. The 1998 Act has led to developments in privacy law and made the courts reconsider their approach to public authority liability and freedom of expression in defamation law. This book explores how English tort law has changed as a result of Europeanisation - broadly defined as the influence of European Union and European human rights law. It also analyses how this influence has impacted on traditional common law reasoning. Has Europeanisation led to changes to the common law legal tradition or has the latter proved more resistant to change than might have been expected?

Principles of European Family Law Regarding Divorce and Maintenance Between Former Spouses

Author: Katharina Boele-Woelki,Commission on European Family Law,Frederique Ferrand,Cristina Gonzalez Beilfuss,Nigel Lowe,Maarit Jantera-Jareborg,Walter Pintens

Publisher: Intersentia nv

ISBN: 905095426X

Category: Law

Page: 170

View: 7340

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 accesible but also because most of the rules have been drafted in a way legislatures normally consider to be appropriate.

Common Core and Better Law in European Family Law

Author: Katharina Boele-Woelki

Publisher: Intersentia nv

ISBN: 9050954758

Category: Law

Page: 372

View: 1916

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.

International Family Law

Author: N.A

Publisher: N.A


Category: Domestic relations (International law)

Page: N.A

View: 5970


The International Survey of Family Law

Author: N.A

Publisher: N.A

ISBN: 9780853089377

Category: Domestic relations

Page: 499

View: 3423

The International Survey of Family Law is the International Society ofFamily Law's annual review of developments in family law across theworld. The 2004 edition covers developments in 27 countries written byleading academic authors. For the first time all articles are accompaniedby abstracts in English and French.ArgentinaAustraliaBotswanaBrazilColumbiaCroatiaEgyptEngland and WalesEthiopiaFranceIndiaIsraelIranRepublic of IrelandJapanKyrgyz RepublicLithuaniaThe NetherlandsNew ZealandNorthern IrelandSingaporeSouth AfricaSwedenTrinidad and TobagoTurkeyUkraineThe United StatesREVIEWS OF PREVIOUS EDITIONS"a valuable resource"Family Law"fascinating reading; an important global snapshot for family practitioners"New Law Journal"An essential publication for anyone with an interest in the international aspects of family law"ChildRight

Inheritance Law Legislation of the Netherlands

A Translation of Book 4 of the Dutch Civil Code, Procedural Provisions and Private International Law Legislation

Author: Ian Sumner,H. C. S. Warendorf

Publisher: Intersentia nv

ISBN: 9050954448

Category: Law

Page: 107

View: 2003

The 1st January 2003 saw the introduction of a new inheritance law in the Netherlands. The publisher and the translators hope that this book will find its way into the hands of the large number of non-Dutch speaking persons in and also outside the Netherlands whose life is affected by the law, which until now was not readily accessible. This work, thanks to the translation of the rules of private international law in the field of inheritance law, also provides lawyers, civil servants and consular officers with insight into the applicable rules in international cases. The Europeanisation of civil law necessitates that the ultramodern Dutch inheritance law is readily accessible. This work will give scholars and professional practitioners not able to speak Dutch an opportunity to take cognizance of this important field of law. It is hoped that it will further contribute to the development of an international legal discourse on the development of inheritance law in other jurisdictions, whilst allowing the comparison with the law as in force in the Netherlands on the 1st January 2005.

Brussels II Bis

Its Impact and Application in the Member States

Author: Katharina Boele-Woelki,Cristina González Beilfuss

Publisher: Intersentia Uitgevers N V

ISBN: 9789050956444

Category: Law

Page: 323

View: 6856

The Brussels II bis Regulation which contains uniform rules for jurisdiction, recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility became effective as of 1st March 2005 for 24 Member States of the European Union. This book addresses the impact and application of the new rules in the form of national reports. The authors provide answers to questions such as: What is the impact of the Regulation on national private international law on the one side, and on substantive law, on the other? Does the Regulation mean that changes have to be made in the national systems? Are there any difficulties as regards the consistency of the private international law system? In how far does the Regulation match the substantive law both as regards divorce and parental responsibility? Are there any difficulties as regards the implementation of the Regulation in the national systems? Have any implementing measures been taken? A comparative synthesis of the impact and application of the Brussels II bis Regulation within the European Union and a general introduction into the Europeanisation of private international law in family matters complement the book. As a result it contains the latest update of international family law in Europe.

Constructing Modern European Private Law

A Hybrid System

Author: Ivan Sammut

Publisher: Cambridge Scholars Publishing

ISBN: 144389995X

Category: Law

Page: 365

View: 1265

The Europeanisation of European Private Law (EPL) is an ongoing process that has gained momentum with the communautarisation of judicial cooperation in civil and commercial matters with the Amsterdam Treaty. This work examines the governance structure of EPL. It proves that more can be achieved towards the Europeanisation of private law through a new approach involving innovative modes of governance in EPL. In order to test this hypothesis, it is necessary to look at this exercise from three different angles. The first angle provides a study about the tools and the context with which one can further Europeanise private law and bridge the gaps between the main legal families, common law and civil law. The second angle encompasses a study of what has and what has not been achieved in the development of EPL by looking at both EU and non-EU initiatives. The final angle then examines the role of governance in the future development of EPL. As such, this study confirms that the further Europeanisation of EPL requires a multi-level mode of governance, confirming the traditional supra-national Community Method mode of governance in EPL with the introduction of intra-governmental innovative methods in EPL such as the Open Method of Coordination (OMC) and soft-law. These innovative modes, together with the traditional mode of governance, can take forward the development of EPL so that it can better serve the needs of the European legal community in the future.


Author: Europäische Rechtsakademie Trier

Publisher: N.A


Category: Law

Page: N.A

View: 6249


Muslim Women and Shari'ah Councils

Transcending the Boundaries of Community and Law

Author: S. Bano

Publisher: Springer

ISBN: 1137283858

Category: Political Science

Page: 329

View: 2979

Using original empirical data and critiquing existing research, Samia Bano explores the experience of British Muslim woman who use Shari'ah councils to resolve marital disputes. She challenges the language of community rights and claims for legal autonomy in matters of family law showing how law and community can empower as well as restrict women.