Civil law 116 results

This volume in the EFL-Series aims at enabling a larger and more contextualised view on succession law, by studying the issue of imperative inheritance law from five different perspectives: legal anthropology, legal history, sociology of law, law and economics, and comparative law. All perspectives are introduced by eminent scholars.

This book deals with the rights of persons, both children and adults, who feel a strong wish to find out who their biological parents are. The identification of biological parents may become important in a wide variety of situations, which run the gamut from adoption to sperm donor anonymity and ‘misattributed paternity’. A thorough comparative study of the relevant law across a number of jurisdictions found on the European continent has now for the first time been made available in English.

This volume contains detailed information concerning the law on property relations between spouses (matrimonial property law) in twenty-six European jurisdictions.

This volume contains articles on three issues that at the dawn of the 21st century have provoked passionate discussion: (compulsory) arrangements regarding children; registration schemes for same-sex couples: new jurisdictions ; and the effectiveness of the pater est rule.

In order to develop a framework, which can form the basis for the development of a European property law this book seeks to provide a comparative analysis of property law from the perspective of four European legal systems, and of European law, focusing on the numerus clausus principle. The book offers theoretical insights on how substantive property law, European law, and, to a certain extent, private international law intersect. Inspiration for this is drawn from the mixed legal system of South Africa.

This book contains the contributions to the third CEFL conference which took place in Oslo in June 2007. The general topic European Challenges in Contemporary Family Law has been divided into five themes:• The Harmonisation of Family Law• Children and Their Parents• Irregular Marriages and the Influence of Multiculturalism• (Property) Relations between Spouses and Cohabitants• Cross-Border Family Relationships.

The main objective of this volume is to instigate an in-depth discussion regarding various facets of the convergence/divergence discord in the field of family law.

This edited volume seeks to test the Principles of European Family Law Regarding Divorce and Maintenance Between Former Spouses in a range of legal systems, Malta, Estonia, Lithuania and Turkey; and in so doing to assess these legal systems in view of the Principles, and the Principles in view of these legal systems.

In these Principles, the CEFL has developed a comprehensive and original set of rules in the field of parental responsibilities based on respect for the rights of the child, non-discrimination and, as far as possible, self-determination. In their provisions on specific issues the Principles opt for solutions which seem to be workable and shall avoid unnecessary hardship and disputes.

This book provides an overview of the developments in family law in Europe during the last two millennia. It aims to examine the so-called 'cultural constraints argument', which suggests that family law is unsuitable for harmonisation because the family laws of the European countries are deeply imbedded in their unique national cultures and history.

This book also contains a theoretical component that draws insights and inspiration from autonomy-based theories of contract, law and economics, notions of fairness and socio-legal perspectives to establish why contracting parties leave gaps in their contracts, whether intervention is justified and, if so, how gaps in contracts should be filled.

This book serves as a reference tool for all those who require information regarding the substantive law rules concerning new forms of non-marital registered relationships in the countries researched, as well as for those interested in the private international law aspects of these relationships.

This volume contains twenty-three contributions related to: (1) divorce and maintenance between former spouses, (2) parental responsibilities, (3) informal long-term relationships and (4) the revised Brussels II Regulation.

This volume contains twenty-three contributions related to: (1) divorce and maintenance between former spouses, (2) parental responsibilities, (3) informal long-term relationships and (4) the revised Brussels II Regulation.

This work, thanks to the translation of the rules of Private International Law in the field of family law, provides lawyers, civil servants and consular officers with insight into the applicable rules in international cases. It is hoped that this work will also further contribute to the development of an international legal discourse on the development of family law in other jurisdictions.

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.