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Juxtaposing Legal Systems and the Principles of European Family Law: Divorce and Maintenance

Book | 1st edition 2007 | Europe | Esin Örücü, Jane Mair
Description

The Commission on European Family Law published its “Principles of European Family Law Regarding Divorce and Maintenance Between Former Spouses” in 2004 as a contribution towards the establishment of a European Family Law. Only by empirical testing of the Principles in a number of legal systems can one demonstrate whether they are acceptable and/or are regarded as an improvement on existing national laws. This edited volume seeks to test the Principles in a range of legal systems, some already considered by the CEFL: France, Scandinavia, England, Scotland; some untested: Malta, Estonia, Lithuania and Turkey; and in so doing to assess these legal systems in view of the Principles, and the Principles in view of these legal systems. The final part of the volume is a comparative assessment of the findings, looking at the Principles first as harmonious ideals, and then as shortfalls in these ideals and at the obstacles to harmonisation

Technical info
More Information
Type of product Book
Format Paperback
EAN / ISSN 9789050955775
Series name European Family Law
Weight 485 g
Status Available
Number of pages xviii + 270 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date May 2, 2007
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No
Chapters

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  • Table of Contents
  • INTRODUCTORY OVERVIEW
  • COMMON CULTURES AND DIVERSE LAWS - COMMON LAWS AND DIVERSE CULTURES
    Esin Örücü, Jane Mair
  • PART ONE - RE-TESTING THE TESTED: THE SAME AND THE DIFFERENT
  • FRANCE AND THE PRINCIPLES OF EUROPEAN FAMILY LAW REGARDING DIVORCE AND MAINTENANCE BETWEEN FORMER SPOUSES
    Joëlle Godard, Gaël Henaff
  • DIVORCE SYSTEM AND MAINTENANCE OF FORMER SPOUSES IN SCANDINAVIAN COUNTRIES
    Urpo Kangas
  • ENGLAND AND WALES JUXTAPOSED TO THE EUROPEAN PRINCIPLES OF FAMILY LAW
    Rebecca Probert
  • COMMON PRINCIPLES AND PURPOSES? SCOTS LAW AND THE COMMISSION ON EUROPEAN FAMILY LAW
    Jane Mair
  • PART TWO - DIVERSITY IN THE NEW MEMBERS OF THE EUROPEAN UNION: CAN THERE BE ONE WAY FORWARD?
  • THE POSITION IN MALTA JUXTAPOSED TO THE PRINCIPLES OF EUROPEAN FAMILY LAW: DIVORCE AND MAINTENANCE
    Ruth Farrugia
  • DIVORCE AND MAINTENANCE BETWEEN FORMER SPOUSES IN ESTONIA AND THE CEFL PRINCIPLES
    Triin Göttig, Liis Hallik, Triin Uusen-Nacke
  • LEGAL REGULATION OF DIVORCE IN THE CIVIL CODE OF THE REPUBLIC OF LITHUANIA AS COMPARED TO THE CEFL PRINCIPLES
    Inga Kudinaviciute Michailonviene
  • PART THREE - AN ASPIRANT CANDIDATE: DO VALUES CLASH?
  • TURKISH FAMILY LAW FACING THE PRINCIPLES OF EUROPEAN FAMILY LAW
    Esin Örücü
  • PART FOUR - COMPARATIVE ASSESSMENT
  • THE NATIONAL LEGAL SYSTEMS JUXTAPOSED TO THE CEFL PRINCIPLES: HARMONIOUS IDEALS?
    Jane Mair
  • THE PRINCIPLES OF EUROPEAN FAMILY LAW PUT TO THE TEST: DIVERSITY IN HARMONY OR HARMONY IN DIVERSITY?
    Esin Örücü
  • ANNEXES: THE QUESTIONNAIRE AND THE PRINCIPLES
  • QUESTIONNAIRE: GROUNDS FOR DIVORCE AND MAINTENANCE BETWEEN FORMER SPOUSES
  • PRINCIPLES OF EUROPEAN FAMILY LAW REGARDING DIVORCE AND MAINTENANCE BETWEEN FORMER SPOUSES.