Perspectives for the Unification and Harmonisation of Family Law in EuropeIs 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. |
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Contents
EUROPEANISATION OF FAMILY | 3 |
Harmonisation of Law in Certain Areas of Family Law | 9 |
The Commission on European Family Law | 29 |
PART ONE ARGUMENTS FOR AND AGAINST UNIFICATION | 35 |
Determination and Application of Foreign Law | 42 |
B Changes in the Applicable Law | 46 |
Europeanisation of the Law | 54 |
Conclusion | 64 |
VARIATIONS ON THE THEME OF STATUS CONTRACT | 300 |
Human Rights and Sexuality in Italy | 308 |
Conclusion | 319 |
DOMESTIC AND CONFLICT DIFFICULTIES INHERENT | 322 |
Rules of Scottish Interna | 329 |
Facing New Frontiers | 337 |
The Influence of Cohabitation on the Relations | 344 |
Cohabitation and its Influence on Children | 350 |
Family Law and Social Change | 80 |
Problems of Legitimation | 89 |
Conclusion | 102 |
the Legal Feasibility of Unification | 110 |
Conclusion | 116 |
Achievements by Private Groups | 123 |
Nonachievements | 131 |
METHODOLOGICAL ASPECTS OF HARMONISATION | 143 |
Different Codification Techniques | 151 |
Conclusion | 158 |
the Same Problems But to A Greater Extent | 166 |
The Ideological Dimension of Family Law | 168 |
Harmonisation As A Movement Towards More | 179 |
UNIFICATION OF PRIVATE INTERNATIONAL LAW | 185 |
UNIFICATION OF INTERNATIONAL FAMILY LAW | 194 |
The French Proposal to Facilitate the Exercise | 204 |
What Lessons Can Be Learned? | 210 |
CHALLENGING THE EUROPEAN HARMONISATION | 219 |
The Charter of Fundamental Rights and The Family | 228 |
UNIFICATION AND HARMONIZATION OF FAMILY | 249 |
The Unification and Harmonization of Laws | 264 |
Current Status of U S Law Concerning the Grounds | 265 |
PROPOSALS | 271 |
The Conflicting Interests of Parents and Children | 277 |
Problems of Enforcement of Private Marital | 286 |
Bibliography | 293 |
A Comparative Overview of the Regulations Pertaining | 356 |
PARENTAL RESPONSIBILITIES VERSUS THE PROGRESSIVE | 367 |
A COMPARATIVE ANALYSIS OF CONTACT ARRANGEMENTS | 378 |
Contact Parent Child | 384 |
Contact Extended Family | 397 |
Possessors of Parental Rights | 405 |
A LAW ECONOMICS APPROACH | 412 |
NEW FORMS OF COHABITATION IN EUROPE CHAL | 437 |
Cohabitation Legislation on A Piecemeal Basis | 445 |
Registered Partnerships | 453 |
Samesex Marriage | 459 |
The Applicable Law | 469 |
A BETTER DEAL FOR CHILDREN | 471 |
What Interpretation of Childrens Rights Underpins | 479 |
Enhancing the Involvement of Children | 485 |
EC Regulation 13472000 Brussels II | 493 |
The Proposal for A New Regulation Brussels II Bis | 499 |
Concluding Considerations | 506 |
New Order V Old Order | 514 |
Conclusion | 525 |
Divorce | 533 |
Maintenance | 543 |
Methodological Points | 549 |
| 556 | |
Concluding Remarks | 570 |
Common terms and phrases
according adopted allow application approach basis Brussels child Civil Civil Code cohabitation Commission Community Comparative concept concerning consequences considered contract Convention Council countries couples court cultural decisions determine direct divorce domestic drafting economic effects enforcement English equality established Europe European European Union example existing fact family law field final freedom grounds Hague harmonisation Human Rights important institutions interests International issues Italy judgments jurisdiction legislation limited living maintenance marriage married matrimonial matters means measures Member movement obligations parental authority parental responsibility particular parties political possible present Principles Private International Law problems procedure proposal protection provisions question reasons recognition reform regard registered partnership Regulation relating relationships remains Report residence respect result rules same-sex separation social spouses status tion Tort unification
References to this book
Legal Pluralism in Conflict: Coping with Cultural Diversity in Law Prakash Shah Limited preview - 2005 |
Bibliographic information
| Title | Perspectives for the Unification and Harmonisation of Family Law in Europe Volume 4 of European family law series G - Reference,Information and Interdisciplinary Subjects Series |
| Editor | Katharina Boele-Woelki |
| Publisher | Intersentia nv, 2003 |
| ISBN | 9050952879, 9789050952873 |
| Length | 573 pages |
| Export Citation | BiBTeX EndNote RefMan |