Civil law 108 results

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 volume discusses the position of third parties in relation to contracts in a comparative context, focusing on third-party clauses in contracts, transfer of contractual rights after transfer of property and assignment, principal–agent relations in concluding and performing contracts, and creditor protection (actio Pauliana).

This book is the outcome of the international conference ‘Property law reform, sustainability and the commons’, which was hosted by the Institute for Property Law at the Faculty of Law and Criminology of KU Leuven in March 2023. The occasion of this conference was the holistic and innovative Belgian property law reform, which is part of the larger establishment of a brand new Belgian Civil Code. The goal of the conference, and hence of the book, was to engage with (both junior and more senior) property law experts from different legal systems to critically assess this Belgian property law reform from an international perspective by comparing it to other, recent and not so recent, property law reforms.

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.

On 7 December 2022, the European Commission published a Proposal for a private international law Regulation on parenthood. In the book, the Marburg Group—a group of German private international law scholars—undertakes the first extensive and in-depth assessment of the Parenthood Proposal. While the Group welcomes the initiative of the Commission and embraces the overall structure of the Parenthood Proposal, it suggests several fundamental changes.

Child relocation presents a challenge to family lawyers, with its cross-border dimension raising unique questions in the legal context of the European Union. This book examines the European legal frameworks of child relocation and discusses the dynamics of Europeanisation of national child relocation law.

The Right to Identity and Access to Information on Genetic Origin and Parentage discusses recent developments on the right to know one’s genetic origins in the context of donor conception. It includes both legal analyses and findings from psychological research, delving not only into the theoretical framework, but, additionally, assessing the practices of counselling and DNA databases.

The book provides an in-depth discussion of Council Regulation No 2019/1111 (‘Brussels II-ter’) (in force from August 2022), which lays down rules on jurisdiction, recognition and enforcement which EU Member States must apply when dealing with matrimonial matters, matters of parental responsibility and child abduction. 

Based on national reports by family law experts from over 20 European jurisdictions, The Principles of European Family Law Revisited is ideal for comparative family lawyers, giving insight into recent developments in family law in Europe in the areas of divorce, maintenance between former spouses, parental responsibilities, property relations between spouses and de facto unions.

What constitutes a “family” in Europe? The answer to this question is constantly changing and increasingly varied. This book addresses areas of family law where developments have been particularly salient and have, at times, created fissures between European States. It also suggests ways of addressing and overcoming these divergences.

This book comprises chapters by key legal scholars and practitioners from the Americas, Europe, Asia, Oceania and Africa. It examines the evolution, theoretical constructs and institutional features of legal capacity, as well as the specific ways in which evolving principles, rights and standards derived from disability law and human rights are impacting and transforming the law.

The book is divided into 2 parts. The first part treats the civil and commercial law pledges, as well as the pledge as financial collateral arrangement and the pledge over a business. The second part examines payment guarantees conferring an exclusive right upon the creditor, which include the right of retention and title-based security such as retention of title techniques as well as title transfer for security purposes.