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.
‘... 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
- Professor Velina Todorova (Bulgaria).
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