Civil law 116 results

The EU Banking Union as outstanding regulatory regime in the 2010s influences private parties’ contract law –with claims against authorities, on markets with two new mega-trends. Firstly, the common good imposes itself much more against private gains. Secondly, private parties are more involved in responsibilities for the system and with claims based on it.

This book presents comparative perspectives based on findings presented in National Reports on the theme 'Plurality and Diversity in Law: Family Forms and Family's Functions'. The contributions focus on whether, and if so, how, family law recognises that a child can have multiple parents, and which family functions are recognised and favoured by the law.

This book addresses the pluralisation of family forms as an expression of the transformation of society and its normative foundations. Against a legal background, the development of diverse family concepts and practices is examined and the (severed) links between sexuality, gender and reproduction are explored.

This book is a groundbreaking comparative law analysis of the world's largest and most mature compensation funds, impacting nearly 22 million people in the four jurisdictions of Victoria (Australia), Quebec and Manitoba (Canada), and New Zealand. These funds operate in a way that turns tort law on its head, are financially stable and sustainable, and represent a true revolution in private law. The book takes important steps to further scientific knowledge of large alternative liability systems and goes beyond existing literature in the field.

The International Survey of Family Law is the annual review of the International Society of Family Law. It brings together reliable and clearly structured insights into the latest and most notable developments in family law from all around the globe.

The volume collects all the relevant instruments in the field of EU private international law in family matters as completed by referencing all decisions issued by the CJEU on these Regulations.

This book is a collection of 66 essays on family law and family justice by academics and senior judges, celebrating the long and distinguished career of leading family law scholar, John Eekelaar, FBA.

In family law proceedings, such as divorce, children are afforded the right to express their views and these must be considered seriously during the deliberation by the decision-maker. This book examines the international and European human rights frameworks through the lens of the child's right to participate.

This book addresses the issue of mothers who, fleeing from domestic violence, take their children with them and thus become liable for international child abduction. It examines how protection measures can help the abducting mother in this context, with a special focus on the utility of Regulation 606/2013 on mutual recognition of protection measures in civil matters and Directive 2011/99/EU on the European Protection Order, which allow cross-border circulation of protection measures.

This book presents a comprehensive framework through which to conceptualize marriage from a law and economics perspective. It shows the economic rationale behind substantive marriage law and proposes an efficient conflict of laws system that prioritizes predictability and congruency in the determination of the applicable law.

This volume contributes to the literature on private international family law in Europe through the examination of two recent EU instruments: the Matrimonial Property Regulation and the Regulation on the Property Consequences of Registered Partnerships. The book presents the two regulations in a clear and comprehensive manner and analyses their implications for EU family law going forward.

In this book, which is part of the book series of the Common Core of European Private Law, reporters consider legal institutions that allow persons who have occupied private or public land of others to acquire that land through mere long-term use.

With no new books written on these legal systems for nearly 30 years, this book fills a gap in the literature and offers a true 'insider' perspective with the majority of authors being indigenous or long-term residents of the countries in question.

The International Survey of Family Law is the annual review of the International Society of Family Law. It brings together reliable and clearly structured insights into the latest and most notable developments in family law from all around the globe.

This book examines coronavirus-related legislation and its consequences in European states. It brings together expert contributions from over 80 academics and practitioners.

This topical and timely handbook provides a rich source of information for everyone with an interest in the application of children’s rights in practice.

The book deals with the impact of EU law on private relations. While EU law has principally developed through vertical relations of the Union and its Member States with private persons, its foundations, principles and enforcement mechanisms are increasingly affecting the growing body of EU law governing horizontal relations between individuals and undertakings. The results are sometimes unexpected and sometimes inappropriate.

The book sketches a broad landscape of sources of modern contract law, with particular regard to EU private law rules. It provides for a better understanding of the identity of present-day contract law by analysing the multitude of social and economic dynamics that shape its normative landscape.

This book brings together a range of views on the reciprocal influences of substantive and private international law in the fields of family and succession law. It outlines some key elements of this interplay in selected jurisdictions and provides a basis for discussion and future work on the reciprocal influences of domestic and European law.

This book is a comprehensive analysis of the choice of court and choice of law provisions that apply to cross-border family matters and succession in EU private international law.