Common Core and Better Law in European Family Law

This volume contains twenty-three contributions related to: (1) divorce and maintenance between former spouses, (2) parental responsibilities, (3) informal long-term relationships and (4) the revised Brussels II Regulation.
Author(s):
Katharina Boele-Woelki
Series:
European Family Law
Volume:
10
book | published | 1st edition
June 2005 | xi + 372 pp.

Paperback
€69.-


ISBN 9789050954754


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Details

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.

Chapters

Table of Contents (p. 0)

COMMENCEMENT OF PROCEEDINGS

BREAKING THE SHACKLES OF CULTURE AND RELIGION IN THE FIELD OF DIVORCE? (p. 1)

THE WORKING METHOD OF THE COMMISSION ON EUROPEAN FAMILY LAW (p. 15)

PART ONE: DIVORCE AND MAINTENANCE BETWEEN FORMER SPOUSES

FUTURE DIVORCE LAW – TWO TYPES OF DIVORCE (p. 39)

THE UNDERLYING PRINCIPLES OF CONSENSUAL DIVORCE (p. 59)

DIVORCE AND SPOUSAL AGREEMENTS (p. 71)

CEFL’S MAINTENANCE PRINCIPLES: THE CONDITIONS FOR MAINTENANCE (p. 83)

CLEAN-BREAK OR LONG-TERM PAYMENT OF MAINTENANCE (p. 103)

MAINTENANCE AS A SEPARATE ISSUE – THE RELATIONSHIP BETWEEN MAINTENANCE AND MATRIMONIAL PROPERTY (p. 119)

COMMENTS ON THE PRINCIPLES OF EUROPEAN FAMILY LAW: DIVORCE AND MAINTENANCE BETWEEN FORMER SPOUSES (p. 135)

PART TWO: PARENTAL RESPONSIBILITIES

PARENTAL RESPONSIBILITIES – CEFL’S INITIAL RESULTS (p. 139)

CONTACT ARRANGEMENTS: UNIFICATION ON THE BASIS OF EUROPEAN PRINCIPLES? (p. 169)

MOBILITY AND THE POST-DIVORCE FAMILY: RESOLUTION OF RELOCATION DISPUTES IN THE U.S. (p. 193)

THE COPARENTALITÉ IN FRENCH LAW (p. 217)

DECIDING ON SOLE OR JOINT CUSTODY RIGHTS IN THE CHILD’S BEST INTEREST (p. 225)

PART THREE: INFORMAL LONG-TERM RELATIONSHIPS

FINANCIAL COMPENSATION UPON THE ENDING OF INFORMAL RELATIONSHIPS – A COMPARISON OF DIFFERENT APPROACHES TO ENSURE THE PROTECTION OF THE WEAKER PARTY (p. 241)

GENERAL LESSONS FOR EUROPE BASED ON A COMPARISON OF THE LEGAL STATUS OF NON-MARITAL COHABITANTS IN THE NETHERLANDS AND GERMANY (p. 257)

THE LEGAL STATUS OF COHABITANTS – REQUIREMENTS FOR LEGAL RECOGNITION (p. 283)

LEGISLATION ON INFORMAL COHABITATION IN NORWAY (p. 295)

THE SPANISH RELATIONSHIPS LEGISLATION (p. 305)

UNMARRIED PARTNERSHIPS IN HUNGARY (p. 313)

NEUTRALITY: THE DEATH OR THE REVIVAL OF THE TRADITIONAL FAMILY? (p. 335)

PART FOUR: THE REVISED BRUSSELS II REGULATION

HABITUAL RESIDENCE CONSIDERED AS A EUROPEAN HARMONIZATION FACTOR IN FAMILY LAW (REGARDING THE “BRUSSELS II-BIS” REGULATION) (p. 353)

THE IMPACT OF SUBSEQUENTLY CHANGED FACTS ON THE EXEQUATUR PROCEDURE UNDER BRUSSELS IIBIS (p. 361)

About the series:

European Family Law

... the European Family Law Series [plays] an important role in informing lawyers across Europe and beyond about developments in other jurisdictions, and in continually assessing the potential for hamonisation in the field.
Brian Sloan in Rabels Zeitschrift 74 (2010)

The European Family Law series is dedicated to the harmonisation and unification of family and succession law in Europe. The 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 series is published under the auspices of the Organising Committee of the Commission on European Family Law:
- Professor Katharina Boele-Woelki (The Netherlands),
- Professor Frédérique Ferrand (France),
- Professor Cristina González Beilfuss (Spain),
- Professor Maarit Jänterä-Jareborg (Sweden),
- Professor Nigel Lowe (United Kingdom),
- Professor Dieter Martiny (Germany) and
- Associate Professor Velina Todorova (Bulgaria).

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