Family Forms and Parenthood

This book explains and analyses in depth the theory and practice of Article 8 ECHR with respect to family forms and parenthood.
Author(s):
Andrea Büchler, Helen Keller
Series:
European Family Law
Volume:
40
book | published | 1st edition
March 2016 | xxiv + 546 pp.

Paperback
€96.-


ISBN 9781780683409


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Details

The European Convention on Human Rights has always had a significant influence on the development of family law in the different European national jurisdictions. However, at a time where family forms have been subject to a profound transformation characterised by the coexistence of a variety of family forms and where, at the same time, national family laws are converging, it is essential to properly understand the ECHR’s influence on national family law. This book explains and analyses in depth the theory and practice of Article 8 ECHR with respect to family forms and parenthood. It examines how judgments of the ECtHR are received and implemented in a variety of Contracting States (Austria, Croatia, England and Wales, Germany, Greece, Hungary, the Netherlands, Poland, Spain, Sweden, and Switzerland) and how the judgments contribute to the shaping of domestic and European family law. Family Forms and Parenthood concludes with a detailed reflection on the relationship between the case law of the ECtHR and developments in national family law and jurisprudence.

This is book is written for both the academic and professional readership.

Chapters

Table of Contents (p. 0)

PART I. INTRODUCTION

Article 8 in the System of the Convention (p. 1)

The Right to Respect for Private and Family Life (p. 29)

PART II. NATIONAL REPORTS

Austria (p. 61)

Croatia (p. 125)

England and Wales (p. 145)

Germany (p. 201)

Greece (p. 237)

Hungary (p. 261)

The Netherlands (p. 283)

Poland (p. 341)

Spain (p. 379)

Sweden (p. 425)

Switzerland (p. 457)

PART III. CONCLUSIONS

Synthesis (p. 499)

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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