Perspectives for the Unification and Harmonisation of Family law in Europe

Is the unification and harmonisation of (international) family law in Europe necessary? Is it feasible, desirable and possible? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.
Editor(s):
Katharina Boele-Woelki
Series:
European Family Law
Volume:
4
book | published | 1st edition
July 2003 | xxv + 573 pp.

Paperback
€92.-


ISBN 9789050952873


If you subscribe to the series, each new volume will automatically be sent to you. You can only cancel your subscription after having received two consecutive volumes.

Details

For the first time in European legal history, a truly international conference devoted to the perspectives for the unification and harmonisation of family law in Europe took place in Utrecht from 11th - 14th of December 2002. The contributions to this conference, which was organised under the auspices of the Commission on European Family Law (CEFL), are compiled in this book. Is the unification and harmonisation of (international) family law in Europe necessary? Is it feasible, desirable and possible? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.

Chapters

Table of Contents (p. 0)

COMMENCEMENT OF PROCEEDINGS

EUROPEANISATION OF FAMILY LAW (p. 1)

PART ONE – ARGUMENTS FOR AND AGAINST UNIFICATION AND HARMONISATION OF FAMILY LAW IN EUROPE

ARGUMENTS FOR THE UNIFICATION AND HARMONISATION OF FAMILY LAW IN EUROPE (p. 35)

A FAMILY LAW FOR EUROPE? SOVEREIGNTY, POLITICAL ECONOMY AND LEGITIMATION (p. 65)

TOWARDS A EUROPEAN CIVIL CODE ON FAMILY LAW? ENDS AND MEANS (p. 105)

TOWARDS A EUROPEAN IUS COMMUNE: THE CURRENT SITUATION IN OTHER FIELDS OF PRIVATE LAW (p. 118)

PART TWO – METHODOLOGICAL ASPECTS

METHODOLOGICAL ASPECTS OF HARMONISATION OF FAMILY LAW (p. 141)

THE “BETTER LAW” APPROACH AND THE HARMONISATION OF FAMILY LAW (p. 159)

PART THREE – UNIFICATION OF PRIVATE INTERNATIONAL LAW IN FAMILY MATTERS

UNIFICATION OF PRIVATE INTERNATIONAL LAW IN FAMILY LAW MATTERS WITHIN THE EUROPEAN UNION (p. 183)

UNIFICATION OF INTERNATIONAL FAMILY LAW IN EUROPE – A CRITICAL PERSPECTIVE (p. 194)

PART FOUR – UNIFICATION AND HARMONISATION OF FAMILY LAW: DIFFERENT PERSPECTIVES

CHALLENGING THE EUROPEAN HARMONISATION OF FAMILY LAW: PERSPECTIVES ON “THE FAMILY” (p. 217)

THE INFLUENCE OF EUROPEAN FAMILY LAW ON THE FAMILY LAW OF COUNTRIES ACCEDING TO THE EU (p. 239)

UNIFICATION AND HARMONIZATION OF FAMILY LAW UNIFICATION AND HARMONIZATION OF FAMILY LAW (p. 249)

PART FIVE – SPECIFIC ISSUES - 1. NEW PROBLEMS OF COHABITATION

STRENGTHENING THE TIES THAT BIND: PROPOSALS FOR A CHILD-CENTERED EUROPEAN DIVORCE LAW (p. 269)

VARIATIONS ON THE THEME OF STATUS, CONTRACT AND SEXUALITY: AN ITALIAN PERSPECTIVE ON THE CIRCULATION OF MODELS (p. 300)

DOMESTIC AND CONFLICT DIFFICULTIES INHERENT IN REGULATING THE NEW ORDER (p. 322)

CONSEQUENCES DERIVING FROM COHABITATIONRELATIONS BETWEEN PARTNERS AND BETWEEN PARENTS AND CHILDREN (p. 339)

PART FIVE – SPECIFIC ISSUES - 2. NEW TRENDS IN THE FIELD OF PARENTAGE AND PARENTAL RESPONSIBILITES

PARENTAL RESPONSIBILITIES VERSUS THE PROGRESSIVE AUTONOMY OF THE CHILD AND THE ADOLESCENT (p. 365)

A COMPARATIVE ANALYSIS OF CONTACT ARRANGEMENTS IN THE NETHERLANDS AND DENMARK (p. 378)

THE CONCEPT OF PARENTAL RESPONSIBILITY IN BULGARIAN AND ENGLISH LAW (p. 402)

“JUST THE OVEN”: A LAW & ECONOMICS APPROACH TO GESTATIONAL SURROGACY CONTRACTS (p. 412)

PART FIVE – SPECIFIC ISSUES - 3. PRIVATE INTERNATIONAL LAW ASPECTS OF COHABITATION AND PARENTAL RESPONSIBILITIES

NEW FORMS OF COHABITATION IN EUROPE; CHALLENGES FOR ENGLISH PRIVATE INTERNATIONAL LAW (p. 435)

NEW FORMS OF COHABITATION: PRIVATE INTERNATIONAL LAW ASPECTS OF REGISTERED PARTNERSHIPS (p. 462)

BRUSSELS II AND BEYOND: A BETTER DEAL FOR CHILDREN IN THE EUROPEAN UNION? (p. 471)

REGULATING PARENTAL RESPONSIBILITY IN THE EUROPEAN UNION (p. 489)

FIRST STEPS IN THE COMMUNITARISATION OF FAMILY LAW: TOO MUCH HASTE, TOO LITTLE REFLECTION? (p. 509)

DRAWING TO A CLOSE

DIVORCE AND MAINTENANCE BETWEEN FORMER SPOUSES – INITIAL RESULTS OF THE COMMISSION ON EUROPEAN FAMILY LAW (p. 527)

A FAMILY LAW FOR EUROPE: NECESSARY, FEASIBLE, DESIRABLE? (p. 551)

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).

With a subscription to the series you enjoy a 15% discount on each volume!

More about this series