Family Law and Culture in Europe

This volume focuses on comparative and international family law in Europe in their respective cultural contexts. The interventions address the new Principles of European Family Law regarding Property Relations between Spouses, the proposed EU private international law regulations for spouses and registered partners for international couples and their property relations, the laws of a growing number of countries which legislate non-formalized relationships and the new developments regarding social, biological and legal parentage.
Editor(s):
Katharina Boele-Woelki, Nina Dethloff, Werner Gephart
Series:
European Family Law
Volume:
35
book | published | 1st edition
July 2014 | xviii + 362 pp.

Paperback
€72.-


ISBN 9781780681597


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Details

This volume contains the contributions delivered at CEFL’s fifth international conference, which focused on comparative and international family law in Europe in their respective cultural contexts. Inter alia this book discusses the new Principles of European Family Law regarding Property Relations between Spouses, the proposed EU private international law regulations for international couples and their property relations, the national laws of a growing number of countries which legislate non-formalised relationships, and the new developments regarding social, biological and legal parentage.

Chapters

Table of Contents (p. 0)

PART ONE. THE CEFL PRINCIPLES ON PROPERTY RELATIONS BETWEEN SPOUSES

General Rights and Duties in the CEFL Principles on Property Relations between Spouses (p. 1)

Marital Property Agreements (p. 13)

The Participation in Acquisitions Regime (p. 25)

The Community of Acquisitions Regime (p. 37)

PART TWO. BREAKUP OF (NON-)FORMALISED RELATIONSHIPS

Statutory Regulation of Cohabiting Relationships in the Nordic Countries: Recent Developments and Future Challenges (p. 63)

Legislating for Cohabitation in Common Law Jurisdictions in Europe: Two Steps Forward and One Step Back? (p. 77)

The Swedish Cohabitees Act in Today’s Society (p. 95)

Maintenance between Former Spouses and Gender Equality (p. 109)

Collaborative Practice: An Interdisciplinary Approach to the Resolution of Conflict in Family Law Matters (p. 119)

PART THREE. NEW CONCEPTS OF PARENTAGE

The Right of the Child to Parents (p. 135)

Contracting on Parentage (p. 151)

Biological and Social Parenthood (p. 169)

France: Biological and Social Parentage (p. 175)

Anonymous Relinquishment and Baby-Boxes: Life-Saving Mechanisms or a Violation of Human Rights? (p. 185)

Cross-Border Surrogacy: Time for a Convention? (p. 199)

Re-Thinking Family Law: A New Legal Paradigm for Stepfamilies? (p. 217)

PART FOUR. INTERNATIONAL FAMILY RELATIONSHIPS

The Proposal for a Regulation on Matrimonial Property: A Critique of the Proposed Rule on the Immutability of the Applicable Law (p. 229)

‘Habitual Residence’ in European Family Law: The Diversity, Coherence and Transparency of a Challenging Notion (p. 249)

New Approaches to Same-Sex Marriage: The End of Nationality as a Connecting Factor? (p. 263)

Protection Orders across Europe: First Remarks on Regulation No. 606/2013 (p. 277)

PART FIVE. TRANSNATIONAL FAMILIES: ACROSS NATIONS AND CULTURES

Family Life and EU Citizenship: The Discovery of the Substance of the EU Citizen’s Rights and its Genuine Enjoyment (p. 291)

Private and Family Life versus Morals and Tradition in the Case Law of the ECtHR (p. 305)

Real-Life International Family Law: Belgian Empirical Research on Cross-Border Family Law (p. 323)

Transnational Family Relations Involving Moroccan Nationals Living Abroad: An Analysis of the Implementation of the Moroccan Family Code Brief report on research in progress (p. 335)

Family Law as Culture (p. 347)

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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