Convergence and Divergence of Family Law in Europe

The main objective of this volume is to instigate an in-depth discussion regarding various facets of the convergence/divergence discord in the field of family law.

Author(s):
Masha Antokolskaia
Series:
European Family Law
Volume:
18
book | published | 1st edition
October 2007 | xiv + 282 pp.

Paperback
€53.-


ISBN 9789050956901


If you subscribe to the series, each new volume will automatically be sent to you. You can only cancel your subscription after having received two consecutive volumes.

Details

This volume contains the written versions of presentations given at the international conference “Convergence and Divergence of Family Law in Europe”, organised in Amsterdam in September 2006. The main objective of this conference was to instigate an in-depth discussion regarding various facets of the convergence/divergence discord. Another objective was to give scholars the opportunity to present their respective views in the ongoing debate surrounding convergence, divergence and deliberate harmonisation activities in the field of family law.

In the first part of this book the historical and theoretical issues of the convergence/divergence debate and the controversy surrounding the “cultural constraints” argument are discussed. The second part gives a picture of the contemporary role of convergence/divergence tendencies on a regional level in various parts of Europe. It starts with an overview of the recent trends in the renowned “Nordic co-operation” in the approximation of family laws, which is generally considered to be the most successful example of regional harmonisation of family laws in Europe. The next article deals with convergence/divergence tendencies in the development of the family law of the Spanish autonomous communities. The following two contributions offer a summary of the convergence and divergence trends in Eastern Europe against the background of such sweeping events as the fall of the Soviet Union, the disintegration of the Eastern block and the accession of a majority of the Central European countries to the EU. The third part of this volume deals with the convergence and divergence tendencies in the following particular fields of family law: marriage, divorce, same-sex relationships, establishment of parenthood and matrimonial property law.



Chapters

Table of Contents (p. 0)

INTRODUCTION (p. 1)

PART I. THE CONVERGENCE AND DIVERGENCE DEBATE: A NEVERENDING STORY?

HARMONISATION OF FAMILY LAW IN EUROPE: A HISTORICAL PERSPECTIVE (p. 9)

CONVERGENCE AND DIVERGENCE: THEORETICAL ISSUES (p. 25)

PART II. FROM DIVERSITY TO SIMILARITY: REGIONAL TENDENCIES

APPROXIMATION OF NORDIC FAMILY LAW WITHIN THE FRAMEWORK OF NORDIC COOPERATION (p. 49)

FAMILY LAW OF SPANISH AUTONOMIES: FOLLOWING A SIMILAR PATTERN? (p. 63)

THE ACCESSION OF BULGARIA TO THE EUROPEAN UNION: A PATH TO THE HARMONISATION OF FAMILY LAW? (p. 79)

FAMILY LAW IN THE FORMER SOVIET UNION: MORE DIFFERENCES OR MORE IN COMMON? (p. 97)

PART III. CONVERGENCE AND DIVERGENCE IN SPECIFIC FIELDS OF FAMILY LAW

O TEMPORA, O MORES! THE EVOLVING MARRIAGE CONCEPT AND THE IMPEDIMENTS TO MARRIAGE (p. 119)

CONVERGENCE AND DIVERGENCE IN THE LAW ON SAME-SEX PARTNERSHIPS (p. 145)

MOVING TO THE SAME DESTINATION? RECENT TRENDS IN THE LAW OF DIVORCE (p. 159)

THE ESTABLISHMENT OF PARENTHOOD: A STORY OF SUCCESSFUL CONVERGENCE? (p. 169)

MATRIMONIAL PROPERTY LAW: DIVERSITY OF FORMS, EQUIVALENCE IN SUBSTANCE? (p. 237)

PART IV: CONVERGENCE AND DIVERGENCE: PRACTICAL AND POLITICAL ASPECTS

BUILDING ON CONVERGENCE AND COPING WITH DIVERGENCE IN THE CEFL PRINCIPLES OF EUROPEAN FAMILY LAW (p. 251)

TOWARDS A UNIFORM EUROPEAN FAMILY LAW? A POLITICAL APPROACH. GENERAL CONCLUSIONS (p. 271)

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).

With a subscription to the series you enjoy a 15% discount on each volume!

More about this series