Juxtaposing Legal Systems and the Principles of European Family Law on Parental Responsibilities

This edited volume tests the Principles of European Family Law on Parental Responsibilities in a range of legal systems, and in so doing assesses these legal systems in view of the Principles, and the Principles in view of these legal systems.
Author(s):
Jane Mair, Esin Örücü
Series:
European Family Law
Volume:
27
book | published | 1st edition
January 2010 | xiv + 316 pp.

Paperback
€72.-


ISBN 9789050959797


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Details

The Commission on European Family Law published its “Principles of European Family Law Regarding Parental Responsibilities” in 2007 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 untested: Malta, Estonia, Romania, Scotland and Turkey; some already considered by the CEFL: Denmark and England; 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, considering the Principles as harmonious ideals, and analysing the shortfalls in these ideals.


About the book
‘… a considerable achievement in terms of the brining together of a range of national systems on child law and […] and to promote and further develop the importance of placing the child at the centre of the legal framework of regulation. […] apart from its informative value, this book also provides the reader with food for further thought and contributes significantly to the ever-current debate of how far the harmonisation of European family law can go.’
Cl. Spirou in 2010 Revue Hellénique de droit international 1025

Chapters

Table of Contents (p. 0)

INTRODUCTORY OVERVIEW

Catering for diverse cultures through harmonised norms (p. 1)

PART ONE – TESTING THE UNTESTED: CAN THERE BE ONE WAY FORWARD?

PRINCIPLES OF EUROPEAN FAMILY LAW REGARDING PARENTAL RESPONSIBILITIES AND THEIR IMPLICATIONS FOR ESTONIA (p. 17)

PRINCIPLES RELATING TO PARENTAL RESPONSIBILITY AND AUTHORITY IN MALTA (p. 61)

PARENTAL PROTECTION IN ROMANIAN LAW JUXTAPOSED TO THE CEFL PRINCIPLES (p. 103)

SCOTS LAW AND THE CEFL PRINCIPLES REGARDING PARENTAL RESPONSIBILITIES: HARMONY IN PRINCIPLE (p. 161)

PART TWO – RE-TESTING THE TESTED: THE SAME AND THE DIFFERENT

The CEFL Principles of European Family Law Regarding Parental Responsibilities and Danish law (p. 193)

A MORE PRINCIPLED APPROACH TO PARENTAL RESPONSIBILITY IN ENGLAND AND WALES? (p. 213)

PART THREE – AN ASPIRANT CANDIDATE: DO VALUES CLASH?

How Does Turkish Family Law Fare compared to The Principles of European Family Law Regarding Parental Responsibilities ? (p. 233)

PART FOUR – COMPARATIVE ASSESSMENT

HARMONISED NORMS OF PARENTAL RESPONSIBILITIES FACING REALITY (p. 267)

ANNEXES: THE QUESTIONNAIRE AND THE PRINCIPLES

QUESTIONNAIRE (p. 297)

PRINCIPLES OF EUROPEAN FAMILY LAW REGARDING Parental Responsibilities (p. 307)

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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