Debates in Family Law around the Globe at the Dawn of the 21st Century




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.
Auteur(s):
Katharina Boele-Woelki
Reeks:
European Family Law
Volume:
23
boek | verschenen | 1e editie
januari 2009 | xx + 416 blz.

Paperback
€ 69,-


ISBN 9789050958752


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This volume contains articles on three issues that at the dawn of the 21st century have provoked passionate discussion. Legislative measures are taken, judicial decisions vary also within a jurisdiction, and arguments in legal literature are exchanged. The topics concern:
(1) (Compulsory) arrangements regarding children
(2) Registration schemes for same-sex couples: new jurisdictions
(3) The effectiveness of the pater est rule

The contributions are preceded by two introductory articles. The historical introduction addresses the ‘cultural constraints argument’ which according to a few legal scholars prevents both spontaneous and deliberate harmonization of family law. Is family law indeed embedded in unique national (legal) culture? What lessons can be learnt from the past? The methodological introduction proffers some general ideas as to how comparative family law is perceived and what it should entail whereby a comparison is made between more recent developments in Europe and the United States of America.

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Table of Contents (p. 0)

THE ISSUES OF TODAY IN PERSPECTIVE

WHAT COMPARATIVE FAMILY LAW SHOULD ENTAIL (p. 1)

FAMILY LAW AND NATIONAL CULTURE. Arguing against the cultural constraints argument (p. 37)

(COMPULSORY) ARRANGEMENTS REGARDING CHILDREN

ACTIVE PARENTING OR SOLOMON’S JUSTICE? Alternating residence in Sweden for children with separated parents (p. 53)

ALTERNATING RESIDENCE AND RELOCATION. A view from France (p. 73)

DIVIDED PARENTS, SHARED CHILDREN. Conflicting approaches to relocation disputes in the USA (p. 83)

PARENTAL RELOCATION. Free movement rights and joint parenting (p. 107)

THE EFFECTIVENESS OF THE PATER EST RULE

FAMILY FUNCTION OVER FAMILY FORM IN THE LAW ON PARENTAGE? The legal position of children born in informal relationships (p. 121)

TRACING DOWN THE HISTORICAL DEVELOPMENT OF THE LEGAL CONCEPT OF THE RIGHT TO KNOW ONE’S ORIGINS. Has ‘to know or not to know’ ever been the legal question? (p. 145)

THE ROLE OF FORMALISED AND NON-FORMALISED INTENTIONS IN LEGAL PARENT-CHILD RELATIONSHIPS IN DUTCH LAW (p. 171)

THE KANSAS CASE OF K.M.H.: US law concerning the legal status of known sperm donors (p. 197)

REGISTRATION SCHEMES FOR SAME-SEX COUPLES: NEW JURISDICTIONS

A JUDICIAL REVOLUTION? The court-led achievement of same-sex marriage in South Africa (p. 233)

FAMILY VS SOLIDARITY. Recent epiphanies of the Italian reductionist anomaly in the debate on de facto couples (p. 253)

SAME-SEX PARTNERSHIPS IN PORTUGAL. From de facto to de jure? (p. 279)

SAME-SEX PARTNERS IN HUNGARY. Cohabitation and registered partnership (p. 305)

SAME-SEX FAMILY UNIONS IN ISRAELI LAW (p. 319)

IS THE UNION CIVIL? Same-sex marriages, civil unions, domestic partnerships and reciprocal benefits in the USA (p. 339)

COMPARATIVE SYNTHESIS

RESEARCH QUESTIONS IN FAMILY LAW DERIVED FROM A COMPARATIVE SYNTHESIS OF GENERAL TRENDS AND DEVELOPMENTS (p. 397)

Over de reeks

European Family Law

... the European Family Law Series [plays] an important role in informing lawyers across Europe and beyond about developments in other jurisdictions, and in continually assessing the potential for hamonisation in the field.
Brian Sloan in Rabels Zeitschrift 74 (2010)

The European Family Law series is dedicated to the harmonisation and unification of family and succession law in Europe. The series includes comparative legal studies and materials as well as studies on the effects of international and European law making within the national legal systems in Europe.

The series is published under the auspices of the Organising Committee of the Commission on European Family Law:
- Professor Katharina Boele-Woelki (The Netherlands),
- Professor Frédérique Ferrand (France),
- Professor Cristina González Beilfuss (Spain),
- Professor Maarit Jänterä-Jareborg (Sweden),
- Professor Nigel Lowe (United Kingdom),
- Professor Dieter Martiny (Germany) and
- Associate Professor Velina Todorova (Bulgaria).

With a subscription to the series you enjoy a 15% discount on each volume!

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