European Challenges in Contemporary Family Law

This book contains the contributions to the third CEFL conference which took place in Oslo in June 2007. The general topic European Challenges in Contemporary Family Law has been divided into five themes:
• The Harmonisation of Family Law
• Children and Their Parents
• Irregular Marriages and the Influence of Multiculturalism
• (Property) Relations between Spouses and Cohabitants
• Cross-Border Family Relationships.


Author(s):
Katharina Boele-Woelki, Tone Sverdrup
Series:
European Family Law
Volume:
19
book | published | 1st edition
February 2008 | xix + 424 pp.

Paperback
€76.-


ISBN 9789050956925


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Details

This book contains the contributions to the third CEFL conference which took place in Oslo in June 2007. The general topic European Challenges in Contemporary Family Law has been divided into five themes:
• The Harmonisation of Family Law
• Children and Their Parents
• Irregular Marriages and the Influence of Multiculturalism
• (Property) Relations between Spouses and Cohabitants
• Cross-Border Family Relationships.

These issues are, in different ways, related to the remarkable change in family life that has taken place in Europe in the last three or four decades. Hardly any other field of law has experienced such profound and deep social and demographic changes as family law in this short period of time: an explosion in the divorce rates and extramarital cohabitation and the resulting increase in the number of children born out of wedlock; women joining the paid work force en masse, influencing, among other things, parental roles and property relations among partners; and – more recently – the growing social acceptance of same-sex relationships and new techniques of artificial insemination are just a few important features of this development. We are in the middle of a “silent revolution” in family life in Europe. And while these transformations take place, we experience a vast cross-border movement of people – both within Europe, and in the form of migration from other continents.

Chapters

Table of Contents (p. 0)

PART ONE. THE HARMONISATION OF FAMILY LAW

HUMAN RIGHTS AND THE HARMONIZATION OF FAMILY LAW IN EUROPE (p. 1)

THE REHARMONISATION OF NORDIC FAMILY LAW (p. 17)

THE HARMONISATION OF FAMILY LAW IN THE UNITED STATES (p. 27)

PART TWO. CHILDREN AND THEIR PARENTS

RECENT DEVELOPMENTS IN CHILD LAW (p. 51)

THE CEFL PRINCIPLES REGARDING PARENTAL RESPONSIBILITIES: PREDOMINANCE OF THE COMMON CORE (p. 63)

THE RIGHT OF THE CHILD TO PARENTAGE (DESCENT) (p. 93)

MULTI-PARENT FAMILIES IN THE 21ST CENTURY (p. 101)

THE RECOGNITION OF HOMOSEXUAL PARENTS IN THE UNITED KINGDOM (p. 113)

TOWARDS A NEW CONCEPT OF PARENTHOOD: PROCREATIONAL RESPONSIBILITY (p. 131)

PART THREE. IRREGULAR MARRIAGES AND THE INFLUENCE OF MULTICULTURALISM

“TO AFFINITY AND BEYOND”: A CRITICAL ANALYSIS OF THE LAW ON MARRIAGE WITHIN PROHIBITED DEGREES OF RELATIONSHIP (p. 157)

THE MUSLIM DOWER (MAHR) IN EUROPE – WITH SPECIAL REFERENCE TO SWEDEN (p. 187)

MULTICULTURALISM AND FAMILY LAW: THE CASE OF GREEK MUSLIMS (p. 209)

PART FOUR. (PROPERTY) RELATIONS BETWEEN SPOUSES AND COHABITANTS

LEGISLATION FOR THE SURVIVING CO HABITANT FROM A COMPARATIVE PER SPECTIVE (p. 241)

FINANCIAL RELIEF BETWEEN COHABITANTS ON SEPARATION: OPTIONS FOR EUROPEAN JURISDICTIONS (p. 269)

DIVIDING THE ASSETS UPON THE DISSOLUTION OF A MARRIAGE. A Comparison Between Legal Systems Which Apply a ‘Hard and Fast Rule’ and Systems with a Discretionary Approach to the Division of Assets (p. 289)

PROPERTY RELATIONS BETWEEN SPOUSES IN THE LEGISLATION OF THE CZECH REPUBLIC AND IN THAT OF SELECTED POSTCOMMUNIST COUNTRIES (p. 305)

PART FIVE. CROSS-BORDER FAMILY RELATIONSHIPS

THE SECOND REVISION OF THE BRUSSELS II REGULATION: JURISDICTION AND APPLICABLE LAW (p. 319)

THE MAINTENANCE REGULATION: A CRITICAL ASSESSMENT OF THE COMMISSION’S PROPOSAL (p. 343)

UNIFICATION OF CONFLICT OF LAWS IN EUROPE – Matrimonial Property Regimes – (p. 379)

THE DISSOLUTION OF THE MATRIMONIAL PROPERTY REGIME AND THE SUCCESSION RIGHTS OF THE SURVIVING SPOUSE IN PRIVATE INTERNATIONAL LAW (p. 395)

CONCLUDING REMARKS

EUROPEAN CHALLENGES IN CONTEMPORARY FAMILY LAW: SOME FINAL OBSERVATIONS (p. 411)

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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