Reconstructing Marriage

In Reconstructing Marriage - The Legal Status of Relationships in a Changing Society Caroline Sörgjerd explores the essence of the institution of marriage: what is the meaning of marriage today, how has marriage been influenced by the legal recognition of new cohabitation models and what should be the role of the institution of marriage in the future?
Author(s):
Caroline Sörgjerd
Series:
European Family Law
Volume:
31
book | published | 1st edition
February 2012 | xx + 360 pp.

Paperback
€80.-


ISBN 9781780680378


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Details

In Reconstructing Marriage – The Legal Status of Relationships in a Changing Society Caroline Sörgjerd explores the essence of the institution of marriage: what is the meaning of marriage today, how has marriage been influenced by the legal recognition of new cohabitation models and what should be the role of the institution of marriage in the future?

In order to understand what marriage actually is in the twenty-first century it is necessary to identify and analyze the formalities and function of marriage in society. With a focus on Sweden, the author examines the historical development of marriage – beginning as a ‘gift from God’ and now being a gender-neutral institution – from a legal and political perspective and taking into account the past and present role of the Church of Sweden. The author then makes comparative assessments concerning the legal and political developments leading toward the adoption of gender-neutral marriage concepts in the Netherlands and Spain despite different societal backgrounds.
In addition, the significance of the marital status under European Union law is explored, under the Charter of Fundamental Rights of the European Union and in the jurisprudence of the European Court of Justice. Also the relevant decisions based on the European Convention of Human Rights, as interpreted by the European Court of Human Rights, are examined. The author discovers that the key role that the institution of marriage has played in the past still influences the essence of marriage today and charges it with a special symbolic value.


About this book
‘[C]arefully and successfully comparing several European jurisdictions and analyzing the pre-marriage and post-marriage phase and focusing on the gender-issue. […] Reconstructing Marriage encourages discussion of the current law of formalized relationships in a contemporary society. It belongs into the law library of family law experts and policy makers alike. It is the leading study on marriage law.’
Dr. Katharina Boele-Woelki, Professor of Private International Law, Comparative Law and Family Law at Utrecht University


‘[A] host of insights into questions that are at the heart of family law reform…’
Yuvraj Joshi in Child and Family Law Quarterly 2012, 489.

Chapters

Table of Contents (p. 0)

PART I – INTRODUCTION

1. INTRODUCTION (p. 1)

PART II – MARRIAGE IN SWEDEN: FROM DIVINE TO GENDER-NEUTRAL

2. MARRIAGE AS A GIFT OF GOD (p. 21)

3. MARRIAGE BETWEEN TWO EQUALS (p. 55)

4. TOWARD INCREASED AUTONOMY IN MARRIAGE – THE ENACTMENTS OF THE 1970S AND THE MARRIAGE CODE OF 1987 (p. 91)

5. A “SECOND-CLASS” MARRIAGE? THE COHABITEE ACTS OF 1973, 1987 AND 2003 (p. 135)

6. TOWARD GENDER-NEUTRAL MARRIAGE – PRECEDING DEVELOPMENTS (p. 167)

PART III – INTERNATIONAL AND EUROPEAN OUTLOOKS

7. LEGAL RECOGNITION OF SAME-SEX COUPLES – SPAIN AND THE NETHERLANDS (p. 217)

8. THE EUROPEAN UNION’S, COUNCIL OF EUROPE’S AND HUMAN RIGHTS’ PERSPECTIVES ON CHANGING COHABITATION MODELS (p. 275)

PART IV – CONCLUDING ANALYSIS

9. THE ESSENCE OF MARRIAGE (p. 313)

References (p. 335)

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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