Juxtaposing Legal Systems and the Principles of European Family Law: Divorce and Maintenance

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.
Auteur(s):
Esin Örücü, Jane Mair
Reeks:
European Family Law
Volume:
17
boek | verschenen | 1e editie
mei 2007 | xviii + 270 blz.

Paperback
€ 50,-


ISBN 9789050955775


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The Commission on European Family Law published its “Principles of European Family Law Regarding Divorce and Maintenance Between Former Spouses” in 2004 as a contribution towards the establishment of a European Family Law. Only by empirical testing of the Principles in a number of legal systems can one demonstrate whether they are acceptable and/or are regarded as an improvement on existing national laws. This edited volume seeks to test the Principles in a range of legal systems, some already considered by the CEFL: France, Scandinavia, England, Scotland; some untested: 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. The final part of the volume is a comparative assessment of the findings, looking at the Principles first as harmonious ideals, and then as shortfalls in these ideals and at the obstacles to harmonisation

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Table of Contents (p. 0)

INTRODUCTORY OVERVIEW

COMMON CULTURES AND DIVERSE LAWS - COMMON LAWS AND DIVERSE CULTURES (p. 1)

PART ONE - RE-TESTING THE TESTED: THE SAME AND THE DIFFERENT

FRANCE AND THE PRINCIPLES OF EUROPEAN FAMILY LAW REGARDING DIVORCE AND MAINTENANCE BETWEEN FORMER SPOUSES (p. 17)

DIVORCE SYSTEM AND MAINTENANCE OF FORMER SPOUSES IN SCANDINAVIAN COUNTRIES (p. 37)

ENGLAND AND WALES JUXTAPOSED TO THE EUROPEAN PRINCIPLES OF FAMILY LAW (p. 55)

COMMON PRINCIPLES AND PURPOSES? SCOTS LAW AND THE COMMISSION ON EUROPEAN FAMILY LAW (p. 75)

PART TWO - DIVERSITY IN THE NEW MEMBERS OF THE EUROPEAN UNION: CAN THERE BE ONE WAY FORWARD?

THE POSITION IN MALTA JUXTAPOSED TO THE PRINCIPLES OF EUROPEAN FAMILY LAW: DIVORCE AND MAINTENANCE (p. 97)

DIVORCE AND MAINTENANCE BETWEEN FORMER SPOUSES IN ESTONIA AND THE CEFL PRINCIPLES (p. 129)

LEGAL REGULATION OF DIVORCE IN THE CIVIL CODE OF THE REPUBLIC OF LITHUANIA AS COMPARED TO THE CEFL PRINCIPLES (p. 167)

PART THREE - AN ASPIRANT CANDIDATE: DO VALUES CLASH?

TURKISH FAMILY LAW FACING THE PRINCIPLES OF EUROPEAN FAMILY LAW (p. 181)

PART FOUR - COMPARATIVE ASSESSMENT

THE NATIONAL LEGAL SYSTEMS JUXTAPOSED TO THE CEFL PRINCIPLES: HARMONIOUS IDEALS? (p. 211)

THE PRINCIPLES OF EUROPEAN FAMILY LAW PUT TO THE TEST: DIVERSITY IN HARMONY OR HARMONY IN DIVERSITY? (p. 233)

ANNEXES: THE QUESTIONNAIRE AND THE PRINCIPLES

QUESTIONNAIRE: GROUNDS FOR DIVORCE AND MAINTENANCE BETWEEN FORMER SPOUSES (p. 255)

PRINCIPLES OF EUROPEAN FAMILY LAW REGARDING DIVORCE AND MAINTENANCE BETWEEN FORMER SPOUSES. (p. 265)

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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