Plurality and Diversity of Family Relations in Europe

This volume contains the contributions delivered at CEFL’s sixth international conference, which focused on comparative and international family law in Europe in their respective cultural contexts.
Editor(s):
Katharina Boele-Woelki, Dieter Martiny
Series:
European Family Law
Volume:
45
book | published | 1st edition
August 2019 | xii + 388 pp.

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€79.-

ISBN 9781780688176


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ISBN 9781780689111

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Details

This volume contains the contributions delivered at CEFL’s sixth international conference, which focused on comparative and international family law in Europe in their respective cultural contexts. Inter alia in this book CEFL experts and other legal scholars address the CEFL and its Principles, the interrelation of family law and family sociology, family migration, children’s and women’s fundamental rights, as well as the developing concept of parenthood, the role of children in family proceedings, extra-judicial divorces and ADR in family matters.

While the development of modern trends in European family law is going on, some new challenges arise and old challenges remain. The awareness of more plurality and diversity in family relationships is increasing. Both pose problems. New legal solutions have to be integrated into the existing family law system. On the other hand, there are tensions between modern fundamental values and traditional religious solutions. For both a deeper analysis is necessary.

The conference, and in turn the book, aims to enhance the exchange of ideas and arguments on comparative and international family law in Europe.

Chapters

Table of contents and preliminary matter (p. 0)

THE CEFL AND ITS PRINCIPLES

The Commission on European Family Law: Taking Stock after Almost 20 Years (p. 3)

The Principles of European Family Law Regarding the Property, Maintenance and Succession Rights of Couples in De Facto Unions: A First Glimpse (p. 17)

FAMILY MIGRATION, CHILDREN’S AND WOMEN’S RIGHTS

Respecting Children’s Dignity under Private International and Migration Law (p. 47)

Empowering Women in Family Relations (p. 59)

The Paradox of Rights Through the Lens of Muslim Women’s Rights in Family Law (p. 89)

THE DEVELOPING CONCEPTS OF PARENTHOOD

The Concept of Parenthood in the Case Law of the European Court of Human Rights (p. 103)

Family Frontiers: The Definition of Parenthood in Brazil and in Portugal (p. 119)

Donor Conception: From Anonymity to Openness (p. 143)

THE ROLE OF THE CHILD IN FAMILY PROCEEDINGS

Balancing the Rights of Parent and Child in Case of Non-Compliance with Contact Arrangements: A Case Law Analysis (p. 175)

The Public Law Aspects of the Brussels IIbis Regulation Through an Irish Lens (p. 203)

The Right of the Child to be Heard in Parental Responsibility Proceedings (p. 225)

Maturity and the Child’s Right to be Heard in Family Law Proceedings: Article 12 UNCRC and Case Law of the ECtHR Compared (p. 237)

EXTRA-JUDICIAL DIVORCES AND ADR IN FAMILY MATTERS

The Recognition of Religious Private Divorces in Europe: From Conflict of Laws to Conflict of Cultures? (p. 257)

Extra-Judicial Muslim Divorces and Family Mediation in the Nordic Countries: What Role is there for the Welfare State? (p. 285)

Family Law Arbitration: A Comparative Analysis of German and English Law and Practice (p. 313)

Mandatory Mediation from a European and Comparative Law Perspective (p. 341)

INTERDISCIPLINARY RESEARCH INTO FAMILY RELATIONS

Family Sociology and Family Law: What can the One Learn from the Other? (p. 373)

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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