Harmonisation Of Family Law In Europe
Download Harmonisation Of Family Law In Europe full books in PDF, epub, and Kindle. Read online free Harmonisation Of Family Law In Europe ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads.
Author |
: M. V. Antokolʹskai︠a︡ |
Publisher |
: |
Total Pages |
: 0 |
Release |
: 2006 |
ISBN-10 |
: 9050955762 |
ISBN-13 |
: 9789050955768 |
Rating |
: 4/5 (62 Downloads) |
Synopsis Harmonisation of Family Law in Europe by : M. V. Antokolʹskai︠a︡
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 |
: M. V. Antokolʹskai︠a︡ |
Publisher |
: |
Total Pages |
: 0 |
Release |
: 2006 |
ISBN-10 |
: 9050955762 |
ISBN-13 |
: 9789050955768 |
Rating |
: 4/5 (62 Downloads) |
Synopsis Harmonisation of Family Law in Europe by : M. V. Antokolʹskai︠a︡
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 |
: Katharina Boele-Woelki |
Publisher |
: Intersentia nv |
Total Pages |
: 600 |
Release |
: 2003 |
ISBN-10 |
: 9789050952873 |
ISBN-13 |
: 9050952879 |
Rating |
: 4/5 (73 Downloads) |
Synopsis Perspectives for the Unification and Harmonisation of Family Law in Europe by : Katharina Boele-Woelki
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.
Author |
: Katharina Boele-Woelki |
Publisher |
: Intersentia nv |
Total Pages |
: 394 |
Release |
: 2005 |
ISBN-10 |
: 9789050954754 |
ISBN-13 |
: 9050954758 |
Rating |
: 4/5 (54 Downloads) |
Synopsis Common Core and Better Law in European Family Law by : Katharina Boele-Woelki
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 |
: Jens M. Scherpe |
Publisher |
: Edward Elgar Publishing |
Total Pages |
: 181 |
Release |
: 2016-01-29 |
ISBN-10 |
: 9781785363078 |
ISBN-13 |
: 1785363077 |
Rating |
: 4/5 (78 Downloads) |
Synopsis The Present and Future of European Family Law by : Jens M. Scherpe
The Present and Future of European Family Law explores the essence of European family law – and what its future may be. It compares and analyses existing laws and court decisions, identifies trends in legislation and jurisprudence, and also forecasts (and in some cases proposes) future developments. It establishes that while there is, at present, no comprehensive European family law, elements of an ‘institutional European family law’ have been created through decisions by the European Court on Human Rights and by the Court of Justice of the European Union as well as other EU instruments. At the same time an ‘organic European family law’ is beginning to emerge. The laws in many European jurisdictions have developed similarly and have ‘grown together’, not only as a result of the aforementioned institutional pressures, but also as a result of societal developments, and comparable reactions to medical and societal advances and changes. Hence there already is a body of institutional and organic European family law, and it will continue to grow. 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 |
: Katharina Boele-Woelki |
Publisher |
: Intersentia nv |
Total Pages |
: 182 |
Release |
: 2004 |
ISBN-10 |
: 9789050954266 |
ISBN-13 |
: 905095426X |
Rating |
: 4/5 (66 Downloads) |
Synopsis Principles of European Family Law Regarding Divorce and Maintenance Between Former Spouses by : Katharina Boele-Woelki
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 |
: European Family Law |
Total Pages |
: 0 |
Release |
: 2019 |
ISBN-10 |
: 1780687885 |
ISBN-13 |
: 9781780687889 |
Rating |
: 4/5 (85 Downloads) |
Synopsis Principles of European Family Law Regarding Property, Maintenance and Succession Rights of Couples in de Facto Unions by : Katharina Boele-Woelki
The CEFL has developed a comprehensive and original set of rules which may be a source of inspiration for legislating the rights and duties of couples who have not formalised their relationship. In their provisions on specific issues, the Principles opt for workable solutions which aim to avoid unnecessary hardship and disputes.
Author |
: Laura Bernardi |
Publisher |
: Springer Nature |
Total Pages |
: 328 |
Release |
: 2021-07-07 |
ISBN-10 |
: 9783030684792 |
ISBN-13 |
: 3030684792 |
Rating |
: 4/5 (92 Downloads) |
Synopsis Shared Physical Custody by : Laura Bernardi
This open access book provides an overview of the ever-growing phenomenon of children in shared physical custody thereby providing legal, psychological, family sociological and demographical insights. It describes how, despite the long evolution of broken families, only the last decade has seen a radical shift in custody arrangements for children in divorced families and the gender revolution in parenting which is taking place. The chapters have a national or cross-national perspective and address topics like prevalence and types of shared physical custody, legal frames regulating custody arrangements, stability and changes in arrangements across the life course of children, socio‐economic, psychological, social well-being of various family members involved in different custody arrangements. With the book being an interdisciplinary collaboration, it is interesting read for social scientists in demography, sociology, psychology, law and policy makers with an interest family studies and custody arrangements.
Author |
: Katharina Boele-Woelki |
Publisher |
: |
Total Pages |
: 0 |
Release |
: 2013 |
ISBN-10 |
: 1780681526 |
ISBN-13 |
: 9781780681528 |
Rating |
: 4/5 (26 Downloads) |
Synopsis Principles of European Family Law Regarding Property Relations Between Spouses by : Katharina Boele-Woelki
The Principles of European Family Law - drafted by the Commission on European Family Law (CEFL) - contain models which may be used for the harmonization of family law in Europe. This book contains the Principles regarding property relations between spouses. In these Principles, the CEFL has developed an all-inclusive set of rules for two matrimonial property regimes: the participation in acquisitions and the community of acquisitions. Both regimes have been put on an equal footing. Each matrimonial property regime, whether it functions as a default or as an optional regime, is strongly connected with the rights and duties of the spouses and the possibility for them to make a marital property agreement. These issues have also been addressed by including two common chapters on the general rights and duties of spouses and on marital property agreements, which are to be applied regardless of which of the regimes applies. (Series: European Family Law - Vol. 33)
Author |
: |
Publisher |
: Martinus Nijhoff Publishers |
Total Pages |
: 289 |
Release |
: 2010-07-05 |
ISBN-10 |
: 9789004186835 |
ISBN-13 |
: 9004186832 |
Rating |
: 4/5 (35 Downloads) |
Synopsis Unifying and Harmonising Substantive Law and the Role of Conflict of Laws by :
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.