In extensive areas of private law, namely in the law of obligations, endeavours to comprehensively harmonize and unify different legal systems were already commenced in the second half of the twentieth century. However, family law has only followed suit in very recent times.
This Model Family Code aims at contributing to future discussion on the harmonization, and hopefully even unification of family law. The Model Family Code has attempted to address all aspects of Partnerships and of Parents and Children, which constitute the core areas of any family law. It is elaborated from a global, rather than a European perspective. In many cases, it was explicitly inspired by solutions offered under Canadian, Australian, and New Zealand legal systems. Furthermore, it goes beyond the common core of the solutions found in domestic laws in search of the best solution, and removes all discrepancies existing in these laws due to somewhat patchwork development, thereby creating a wholly autonomous and consistent system of family law based on modern solutions.
The Model Family Code offers a mere framework for discussion, a “skeleton” that enables different family policies and realities, as well as cultural systems and values, to be incorporated. It expressly seeks to utilise new terminology, thereby consciously departing from the myriad of national legal terms, which are burdened with historical connotations in the respective countries.
INTRODUCTION (p. 1)
PART I: PARTNERSHIPS (p. 7)
PART II: DOMESTIC VIOLENCE (p. 86)
PART III: PARENTS AND CHILDREN (p. 91)
MODEL FAMILY CODE (p. 177)
CÓDIGO DE FAMILIA MODELO (Traducido por Prof. Miriam Anderson) (p. 193)
MODÈLE DE CODE DE LA FAMILLE (Traduit par Caroline Pellerin-Rugliano et Julien Rey) (p. 211)
MODELL-FAMILIEN-GESETZ (p. 227)
BIBLIOGRAPHY (p. 243)
‘... 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).
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