The Future of Family Property in Europe

This book covers five areas of family property law in Europe: Matrimonial Property Law in Europe, Family Contracts – Issues of Autonomy, Protection of Older People in Law, Freedom of Testation and Protection of Family Members, and the Unification of Private International Law. These issues are discussed throughout the book, together addressing the broad question: what might be the future of family property law in Europe?

Author(s):
Katharina Boele-Woelki, Joanna K. Miles, Jens M. Scherpe
Series:
European Family Law
Volume:
29
book | published | 1st edition
April 2011 | xxii + 434 pp.

Paperback
€85.-


ISBN 9789400000544


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Details

This book covers five areas of family property law in Europe:
- Matrimonial Property Law in Europe,
- Family Contracts – Issues of Autonomy,
- Protection of Older People in Law,
- Freedom of Testation and Protection of Family Members, and
- Unification of Private International Law.

All of these issues are highly relevant as Europe is at a key stage in its development, with all societies experiencing broadly similar demographic trends and facing the social and legal policy challenges that accompany them. The increase in international mobility and multi-jurisdiction couples poses both increased pressure to provide private international law solutions, and prompts calls for substantive harmonisation. The high divorce rate in many jurisdictions means that matrimonial property and maintenance issues affect more families. Other social changes, such as increased maternal labour market attachment, invite reconsideration of the basis for financial relief between spouses on divorce. All jurisdictions are also experiencing growth in cohabitation and extra-marital births. In short, family structures are becoming more complex. This raises questions concerning the division of property both on separation and on death, where the appropriate priority amongst the diverse range of surviving family members needs to be resolved. Moreover, as fertility rates decline and populations age, increasing numbers of older people require costly personal and medical care, prompting a new set of questions for law and society to resolve.

These issues are discussed throughout the book, together addressing the broad question: what might be the future of family property law in Europe?

This book contains the papers presented at the fourth conference of the Commission for European Family Law, which took place in Cambridge, UK in April 2010.


About the book
‘Written in English, ‘The Future of Family Property in Europe’ is the 29th book of the Intersentia series in Family Law and benefits from well-expressed arguments, clarity and thoughtfulness throughout. [For the library it is essential if the institution purports to deal in legal matters European. Would I recommend it? Oh yes, indeed I would.’
Penny Booth in 2011 European Family Law

This is a worthwhile read. [The book] starts with a brilliantly written contribution from Lord Justice Thorpe […].’
Dieter Henrich in Zeitschrift für das gesamte Familienrecht (FamRZ) 2012, 1463

Chapters

Table of Contents (p. 0)

Part one – Keynote lecture

FINANCIAL CONSEQUENCES OF DIVORCE: ENGLAND VERSUS THE REST OF EUROPE (p. 1)

Part two – Matrimonial Property Law in Europe

Matrimonial property law in Europe (p. 17)

Initial results of the work of the cefl in the field of property relations between spouses (p. 47)

Part three – Family Contracts – Issues of Autonomy

Contracting in family law : A european perspective (p. 63)

Marital property agreements and the work of the law commission for England and Wales (p. 95)

Cohabitant obligations : Contract versus status (p. 115)

Part four – Protection of Older People in Law

‘Living will ’ law under the German civil code (p. 139)

The protection of elderly family members and the role of the state : a family law perspective (p. 163)

Non-institutional care for seniors from a civil law perspective . A comparative study of housing with services and adult placement in France and Germany (p. 185)

Caring by contract : Care arrangements for older people (p. 207)

Part five – Freedom of Testation and Protection of Family Members

Balancing interests – How much freedom of testation ? (p. 227)

Testamentary freedom and caring adult offspring in England & Wales and Ireland (p. 251)

Part six – Child Maintenance

The link between child maintenance and contact (p. 277)

Parental maintenance obligations towards children central europe : the highway to hell or a to heaven ? (p. 297)

The pre-harmonization area : a comparison of Lithuanian , Latvian and Estonian child maintenance laws (p. 311)

Part seven – Unification of Private International Family Law

The unification of private international law in Europe : A success story ? (p. 327)

The Europeanisation of international succession law (p. 341)

Freedom of testation and the protection of the family in private international law (p. 369)

EU succession regulation : choice of applicable law and protection of family members (p. 383)

International child maintenance in Europe (p. 407)

Part eight – Closing Remarks

The future of family property in Europe (p. 421)

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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