Perspectives for the Unification and Harmonisation of Family Law in EuropeKatharina Boele-Woelki Intersentia nv, 2003 - 573 pages 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. |
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 |
4 | 37 |
A BETTER DEAL FOR CHILDREN | 38 |
Determination and Application of Foreign Law | 42 |
B Changes in the Applicable Law | 46 |
5 | 266 |
6 | 300 |
45 | 308 |
DOMESTIC AND CONFLICT DIFFICULTIES INHERENT | 322 |
4 | 328 |
3 | 334 |
5 | 346 |
6 | 352 |
Europeanisation of the Law | 54 |
Conclusion | 64 |
1 | 65 |
Family Law and Social Change | 80 |
Problems of Legitimation | 89 |
Conclusion | 102 |
the Legal Feasibility of Unification | 110 |
Conclusion | 116 |
1 | 118 |
Achievements by Private Groups | 123 |
Nonachievements | 131 |
METHODOLOGICAL ASPECTS OF HARMONISATION | 143 |
9 | 156 |
3 | 162 |
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 |
3 | 201 |
5 | 207 |
4 | 214 |
4 | 216 |
2 | 219 |
2 | 231 |
UNIFICATION AND HARMONIZATION OF FAMILY | 249 |
2 | 257 |
3 | 264 |
3 | 359 |
PARENTAL RESPONSIBILITIES VERSUS THE PROGRESSIVE | 367 |
4 | 375 |
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 |
2 | 451 |
6 | 459 |
1 | 465 |
4 | 477 |
6 | 483 |
REGULATING PARENTAL RESPONSIBILITY IN | 489 |
3 | 495 |
2 | 502 |
Concluding Considerations | 506 |
New Order V Old Order | 514 |
Conclusion | 525 |
Divorce | 533 |
Maintenance | 543 |
Methodological Points | 549 |
A Taste of the Conference | 556 |
Concluding Remarks | 570 |
Common terms and phrases
adopted ANTOKOLSKAIA application areas better law Brussels II Regulation child abduction choice of law cohabitation Commission on European common core Common Law Comparative Law concerning conflict of laws Contract Law Council countries covenant marriage cultural decisions dissolution domestic domicile drafting droit EC Treaty ECHR economic enforcement of judgments europäischen European Civil Code European Court European Family Law European Union exequatur Family Policies free movement German grounds for divorce Hague Convention harmonisation of family heterosexual Human Rights issues ius commune judicial jurisdiction law in Europe legal policy legal systems legislation maintenance marital married matrimonial property Member MFRA Netherlands Nordic Nordic countries obligations parental authority parental responsibility parties persons PINTENS political Principles private international law private law Privatrecht proposal protection provisions recognition and enforcement regime registered partnership relating relationships respect rules social spousal support spouses status Sweden Swedish tion UNIDROIT unification
References to this book
Legal Pluralism in Conflict: Coping with Cultural Diversity in Law Prakash Shah Limited preview - 2005 |